Opinion
2022 CW 0579
08-29-2022
MACY LEDET, INDIVIDUALLY AND ON BEHALF OF CULLEN ALEXANDER MCDANIEL AND FIONA ELLENDER MCDANIEL v. FOREST RIVER, INC. D/B/A DYNAMAX, ABC INSURANCE COMPANY, LOUISIANA DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT AND/OR STATE OF LOUISIANA
In Re: Louisiana Department of Transportation and Development and/or State of Louisiana, applying for supervisory writs, 17th Judicial District Court, Parish of Lafourche, No. 142276.
BEFORE: McDONALD, WELCH, AND HOLDRIDGE, JJ.
WRIT GRANTED. After a de novo review, we find that the plaintiffs, Macy Ledet, Individually and on Behalf of Cullen Alexander McDaniel and Fiona Ellender McDaniel, failed to allege any factual basis to support a cause of action against the State of Louisiana and Louisiana Department of Transportation and Development. Accordingly, the April 6, 2022 ruling of the district court denying the peremptory exception of no cause of action filed by the State of Louisiana and Louisiana Department of Transportation and Development is reversed, and the exception of no cause of action is sustained. This matter is remanded to the district court with instructions to allow plaintiffs the opportunity to amend their petition to state a cause of action, if possible, within a delay deemed reasonable by the district court pursuant to La. Code Civ. P. art. 934.
JMM
JEW
GH 1