Opinion
No. 90-CC-2126.
November 26, 1990.
In re Taylor, Lucy P.; — Plaintiff; Applying for Supervisory and/or Remedial Writs; Parish of Orleans Civil District Court Div. "D" Number 90-6885; to the Court of Appeal, Fourth Circuit, Number 90CW-1209.
WRIT GRANTED AND MADE PEREMPTORY.
The lower courts erred in sustaining defendant's exception of improper venue. Venue is proper in Orleans Parish because it is the parish where the damages were sustained. LSA-C.C.P. Art. 74. Further, it appears that venue of the action against the non-resident defendant and the allegedly solidarily liable co-defendant lies in the parish of plaintiff's domicile, Orleans, under LSA-R.S. 13:3203 and LSA-C.C.P. Art. 73. The judgment of the trial court is set aside, defendant's exception is overruled, and the case is remanded to the Civil District Court for the Parish of Orleans for further proceedings.
MARCUS, WATSON and COLE, JJ., dissent.