L.T.F. Financial Services, Inc. v. Silva, 95-1305 (1995) (1995)

Citation: L.T.F. Financial Services, Inc. v. Silva, 95-1305 (1995) (1995)
Parent Document: L.T.F. Financial Services, Inc. v. Silva, 95-1305 (1995) (1995)
Jurisdiction: Rhode Island (state)
Effective Date: 1995-07-20
Original Source: https://www.courtlistener.com/opinion/4113866/ltf-financial-services-inc-v-si... ↗

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Inconsistencies in a witness' testimony do not preclude the fact finder from accepting his or her testimony as credible and since credibility is purely a factual issue, the trier of fact can pick and choose from a witness' entire testimony that portion found worthy of belief or reject all testimony as incredible.Madeira v. Pawtucket Housing Authority, 105 R.I. 511,253 A.2d 237 (1969). An expert's opinion must be predicated upon facts legally sufficient to form a basis for his or her conclusion.Gorham v. Public Building Authority, 612 A.2d 708 (R.I. 1992). Any inconsistencies and concessions elicited during cross-examination of an expert affect only the weight that trial justice might give expert's testimony, not its admissibility.Greco v. Mancini, 476 A.2d 522 (R.I. 1986). It is the duty of the trier of fact to examine and consider testimony of every witness regardless of his qualifications and to grant particular testimony only such weight as the evidence considered as a whole and the proper inference therefrom reasonably warrant. Kyle v.Pawtucket Redevelopment Agency, 106 R.I. 670, 262 A.2d 636
(1970).

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