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Jones v. Arnold

Supreme Court of Louisiana
Nov 8, 1991
589 So. 2d 1 (La. 1991)

Opinion

No. 91-CC-1781.

November 8, 1991.

APPEAL FROM CIVIL DISTRICT COURT, PARISH OF ORLEANS, STATE OF LOUISIANA.


Granted. The cumulated actions against two separate defendants for damages for plaintiff's injuries, allegedly caused by one automobile accident and later aggravated by a second accident, were filed in May, 1988. Although the cumulation was improper under La. Code Civ.Proc. art. 463 because there was no community of interest between the parties joined, the judgment maintaining the exception of improper cumulation of actions was not rendered until thirty months later, at which time extensive discovery had been completed in both cases. Under these circumstances, and in consideration of the judicial inefficiency created by requiring one of the actions to be dismissed and then begun anew, the trial judge abused his discretion in refusing to order separate trials.

Accordingly, the judgment of the district court is set aside, and the court is ordered to grant separate trials of the improperly cumulated actions.


Summaries of

Jones v. Arnold

Supreme Court of Louisiana
Nov 8, 1991
589 So. 2d 1 (La. 1991)
Case details for

Jones v. Arnold

Case Details

Full title:EDWARD JONES v. PATRICIA ARNOLD, ET AL

Court:Supreme Court of Louisiana

Date published: Nov 8, 1991

Citations

589 So. 2d 1 (La. 1991)

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