Opinion
NO. 2017 CW 0030
04-28-2017
GUSTAVE J. LABARRE, JR, ET AL. v. OCCIDENTAL CHEMICAL CORPORATION 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: WELCH, CRAIN AND HOLDRIDGE, JJ.
WRIT GRANTED. We find that as the main demand and the lost profits claim sought to be severed are intertwined, and because 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. I therefore grant Texas Brine Company, LLC's writ application, and reverse the trial court's October 4, 2016 ruling severing the lost profits claim.
JEW
Crain, J. concurs.
Holdridge, J. concurs as the trial date in this matter has been continued. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT