Navarrete v. Mitchell ( 1995 )

UNITED STATES COURT OF APPEALS
for the Fifth Circuit
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No. 95-30198
Summary Calendar
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JUAN B. NAVARRETE,
Plaintiff-Appellant,
VERSUS
ROBERT B. MITCHELL and
NATIONAL CAR RENTAL SYSTEM, INC.,
Defendants-Appellees.
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Appeal from the United States District Court
for the Eastern District of Louisiana
(CA-94-27-B)
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November 13, 1995
Before DAVIS, BARKSDALE and DeMOSS, Circuit Judges.
PER CURIAM:1
Following a bench trial, the district court entered a take
nothing judgment in favor of the defendant Robert B. Mitchell.
Navarrete contends on appeal that the district court clearly erred
in concluding that he did not aggravate his pre-existing back
disorder in the automobile accident sued upon. We conclude that
1
Local Rule 47.5 provides: "The publication of opinions that
have no precedential value and merely decide particular cases on
the basis of well-settled principles of law imposes needless
expense on the public and burdens on the legal profession."
Pursuant to that Rule, the Court has determined that this opinion
should not be published.
the record amply supports the district court's conclusion and
affirm.
We reverse the findings of a trial judge only if clearly
erroneous. Fed. Rule Civ. P. 52(a); Anderson v. Bessemer City, 470
U.S. 564 (1955). In support of the trial judge's rulings are the
following facts: (1) The January 27, 1993, auto accident was a
minor one; Navarrete estimated the property damage to his vehicle
at $40 to $50. (2) Navarrete had experienced serious low back
problems over an extended period of time. In 1982 he underwent a
lumbar laminectomy and discectomy because of a herniated lumbar
disc. From the time of his surgery until his January 1993
accident, he had intermittent problems with pain in his back and
lower extremities. (3) Two examining physicians found no
objective change in Navarrete’s low back following the January 1993
accident. (4) Navarrete did not seek medical care for at least six
weeks following this accident and missed no time from work
following this accident.
Because the district court's findings of fact are not clearly
erroneous, we affirm its judgment predicated on those findings.
AFFIRMED.
2