Opinion
NO. 2015 CW 1869
03-21-2016
KENNETH R. JOHNSON v. LAUGHLIN G. WINKLER, M.D. AND HER INSURER LANDMARK AMERICAN INSURANCE COMPANY, ALISON LEIGH THORNHILL, NP, SHEA ANDREW EDWARDS, BLAYNE L. GRIFFIN, AND TERRY B. OLIVER, AND SHERIFF DANIEL H. EDWARDS, PERSONALLY AND IN HIS CAPACITY AS THE SHERIFF OF TANGIPAHOA PARISH
In Re: Landmark American Insurance Company and Laughlin G. Winkler, M.D., applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 639038. BEFORE: PETTIGREW, HIGGINBOTHAM AND CRAIN, JJ.
WRIT GRANTED. After a de novo review, we find that that this action falls within the mandatory venue provisions of La. R.S. 13:5104(B). Venue is proper as to this action only in Tangipahoa Parish pursuant to La. R.S. 13:5104(B), and Tangipahoa Parish is a parish of proper venue for all defendants. Underwood v. Lane Memorial Hospital, 97-1997 (La. 7/8/98), 714 So.2d 715, 718; Service Master Action Cleaning v. Clovis Hendry Industries, Inc., 98-2109 (La. App. 1st Cir. 2/2/99), 753 So.2d 264, 266 (per curiam). Accordingly, the trial court's November 6, 2015 judgment denying the declinatory exception of improper venue as to Laughlin G. Winkler, M.D. and Landmark American Insurance Company and severing those claims is reversed, and the declinatory exception of improper venue is sustained. The matter is remanded to the trial court for transfer in accordance with this action.
TMH
WJC
JTP
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT