Opinion
No. CA 89 0151.
March 16, 1990.
APPEAL FROM TWENTY-FIRST JUDICIAL DISTRICT COURT, PARISH OF TANGIPAHOA, STATE OF LOUISIANA, HONORABLE KENNETH J. FOGG, J.
Paul Due, Paul Marks, Jr., T. Jay Seale, Maxwell Kees, Baton Rouge, Joseph H. Simpson, Amite, for plaintiff-appellee Michael Bell.
Richard Macaluso, Hammond, Donald Schneider, Baton Rouge, for plaintiff-appellant Andrew P. Jones, Sr.
John M. Parker, Baton Rouge, for defendant-appellee The Travelers.
Donald R. Smith, Baton Rouge, for Allstate.
Ronny Champlin, Roxie F. Gaynes, Baton Rouge, for Dept. of Transp. Development.
Before LOTTINGER, CRAIN and LeBLANC, JJ.
This is an appeal from the trial court's judgment granting a peremptory exception raising the objection of no cause of action. The sole issue before us is whether the appellant has stated a cause of action for mental anguish and related damages by virtue of the fact that he witnessed a serious automobile accident in which his wife and four minor children were injured.
In accordance with the recent pronouncement of the Louisiana Supreme Court in LeJuene v. Rayne Branch Hospital, 556 So.2d 559 (La. 1990), we hold that appellant has stated a cause of action, reverse the judgment sustaining the peremptory exception raising the objection of no cause of action, and remand to the trial court for disposition consistent with LeJuene. Costs of this appeal are assessed against appellee.
REVERSED AND REMANDED.