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Carriere v. Union Pac. R.R. Co.

SUPREME COURT OF LOUISIANA
Jun 3, 2019
272 So. 3d 540 (La. 2019)

Opinion

2019-CC-0592

06-03-2019

Tasha Tolar CARRIERE and Daniel Bihm Marcantel, et al. v. UNION PACIFIC RAILROAD COMPANY, et al.


ON SUPERVISORY WRITS TO THE 27TH JUDICIAL DISTRICT COURT, PARISH OF ST. LANDRY

Writ denied.

CRICHTON, J., would grant and assigns reasons.

Crichton, J. would grant and assigns reasons. I would grant this writ because, in my view, the trial court's imposition of $300,000 in special master fees and costs against defendant in this case was an abuse of discretion. See La. C.C.P. art. 1920. Further, this amount was imposed after the defendant had already advanced in excess of $ 100,000 to the special master. Under the circumstances of this case, in which causation and damages have yet to be determined, I consider this amount excessive and violative of the reasonableness requirement of R.S. 13:4165(D).


Summaries of

Carriere v. Union Pac. R.R. Co.

SUPREME COURT OF LOUISIANA
Jun 3, 2019
272 So. 3d 540 (La. 2019)
Case details for

Carriere v. Union Pac. R.R. Co.

Case Details

Full title:TASHA TOLAR CARRIERE AND DANIEL BIHM MARCANTEL, ET AL. v. UNION PACIFIC…

Court:SUPREME COURT OF LOUISIANA

Date published: Jun 3, 2019

Citations

272 So. 3d 540 (La. 2019)