Opinion
NO. 2017 CW 0618
08-21-2017
GUSTAVE J. LABARRE, JR., ET AL v. OCCIDENTAL CHEMICAL COMPANY AND TEXAS BRINE COMPANY, LLC
In Re: Texas Brine Company, LLC, applying for supervisory writs, 23rd Judicial District Court, Parish of Assumption, No. 33796. BEFORE: WHIPPLE, C.J., McDONALD AND CHUTZ, JJ.
WRIT GRANTED. We find that, as the main demand and the lost profits claim sought to be severed are intertwined and the same witnesses would be called to testify in both trials should the lost profits claim be severed from the main demand, judicial economy warrants trying the main demand and the incidental demand together. See Residents of Highland Road, LLC v. Parish of East Baton Rouge, 2008-2542 (La. App. 1st Cir. 7/22/09), 2008 WL 2183146. We therefore grant Texas Brine Company, LLC's writ application, and reverse the trial court's January 31, 2017 judgment severing the lost profits claim.
VGW
JMM
WRC
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT