Opinion
NO. 2020 CW 0327
05-26-2020
LISA R. FRIEDLEY AND ROBERT J. FRIEDLEY v. PAUL V. PULIDO, GUNITE EXPRESS, AND GENERAL STAR INDEMNITY COMPANY
In Re: Continental Insurance Company, applying for supervisory writs, 23rd Judicial District Court, Parish of Ascension, No. 120260. BEFORE: McCLENDON, WELCH, AND HOLDRIDGE, JJ.
WRIT NOT CONSIDERED. The writ application fails to comply with Rule 4-5(C) of the Uniform Rules of Louisiana Courts of Appeal. Supplementation of this writ application and/or an application for rehearing will not be considered. Uniform Rules of Louisiana Courts of Appeal, Rules 4-9 and 2-18.7. In the event relator seeks to file a new application with this court, it must contain all pertinent documentation and must comply with Rule 2-12.2 of the Uniform Rules of Louisiana Courts of Appeal. Any new application must be filed on or before June 26, 2020, and must contain a copy of this ruling.
PMc
JEW
Holdridge, J., dissents and would deny the writ. The judgment at issue only determines that the defendant, Raul Pulido, is "at fault in causing the accident of October 24, 2016 with Plaintiff Lisa Friedley." It does not include a finding that Lisa Friedley was free from fault. Therefore, the jury must allocate at least some fault on the defendant, Raul Pulido. However, the jury is also free to allocate fault as to Lisa Friedley in accordance with La. Civ. Code art. 2323, and her name must appear on the jury verdict form in accordance with La. Code Civ. P. art. 966(G) because there was no finding by the trial court that Lisa Friedley was not at fault. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT