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White v. City of Los Angeles County Metropolitan Transportation Authority

Court of Appeals of California, Second Appellate District, Division Three.
Nov 21, 2003
No. B159208 (Cal. Ct. App. Nov. 21, 2003)

Opinion

B159208.

11-21-2003

CYNTHIA WHITE, etc., et al., Plaintiffs and Appellants, v. CITY OF LOS ANGELES, LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY et al., Defendants and Respondents.

Cynthia White, in pro. per, and for Plaintiff and Appellant. Reiss & Johnson and James V. Reiss for Defendants and Respondents.


Appellant Cynthia White as an individual, and as the guardian of Shawnte White, appeals from a jury verdict in favor of respondents the Los Angeles County Metropolitan Transportation Authority (MTA) and Carter McGrew Norwood, Jr. (Norwood). The only issue raised is sufficiency of the evidence. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

The record on appeal does not contain a complete reporters transcript. These facts have been taken from the briefs of the parties.

On May 6, 1998, an accident occurred involving a Ford truck and the Blue Line train being operated by Norwood. Donald White was driving the truck that was also occupied by Louis Buckhalter and Latonya Jordan. As a result of the accident, Donald White, died and Buckhalter and Jordan sustained injuries.

Shawnte White was the daughter of Donald White. We have not been given any information as to appellants relationship to the persons involved, other than she is the guardian of Shawnte White. Appellant on her behalf, and as the guardian of Shawnte White, sued the MTA and Norwood. The case was tried before a jury. The trial appears to have lasted approximately one month.

The City of Los Angeles was also named as a defendant. We have been informed that the City of Los Angeles was dismissed from the case.

The jury rendered a verdict in favor of respondents, finding they were not negligent. A judgment in favor of respondents was entered, from which an appeal was taken.

We have construed the notice of appeal as being filed by appellant, on her own behalf, and as guardian for Shawnte White.

DISCUSSION

Appellant contends there was insufficient evidence to support the verdict. She argues the jury erred in concluding that neither Norwood nor the MTA was negligent. Among other arguments, appellant argues Norwood negligently operated the train, the MTAs investigator was biased, and the MTA did not properly instruct its personnel as to how to operate the trains braking system.

Appellant appears in propria persona. This does not lessen her burden on appeal. (Rappleyea v. Campbell (1994) 8 Cal.4th 975, 984-985.)

The record before us does not include the trial testimony. Such testimony is vital to any sufficiency of evidence review. The only reporters transcript in the record of appeal, and the only one designated by appellant in her designation of record, is that of the December 7, 2001, proceedings in which the parties primarily discussed the preparation of instructions.

Since there is no reporters transcript of the trial testimony "and no error is apparent on the face of the existing appellate record, the judgment must be conclusively presumed correct as to all evidentiary matters. To put it another way, it is presumed that the unreported trial testimony would demonstrate the absence of error. [Citation.] The effect of this rule is that an appellant who attacks a judgment but supplies no reporters transcript will be precluded from raising an argument as to the sufficiency of the evidence. [Citations.]" (Estate of Fain (1999) 75 Cal.App.4th 973, 992.)

Since appellant has not provided a sufficient record, she is precluded from raising a sufficiency of the evidence argument and the judgment must be affirmed.

DISPOSITION

The judgment is affirmed. Appellant is to pay all costs on appeal.

We concur: KLEIN, P.J. CROSKEY, J.


Summaries of

White v. City of Los Angeles County Metropolitan Transportation Authority

Court of Appeals of California, Second Appellate District, Division Three.
Nov 21, 2003
No. B159208 (Cal. Ct. App. Nov. 21, 2003)
Case details for

White v. City of Los Angeles County Metropolitan Transportation Authority

Case Details

Full title:CYNTHIA WHITE, etc., et al., Plaintiffs and Appellants, v. CITY OF LOS…

Court:Court of Appeals of California, Second Appellate District, Division Three.

Date published: Nov 21, 2003

Citations

No. B159208 (Cal. Ct. App. Nov. 21, 2003)