Opinion
2016–CC–1246 2016–CC–1247 2016–CC–1248
11-07-2016
Mary P. LOUPE v. USAA INSURANCE COMPANY
Writ application denied.
HUGHES, J., dissents and would grant the writ and assigns reason.
CRICHTON, J., would grant and assigns reasons.
Hughes, J., dissents and would grant the writ.
The plaintiff was not injured during the commission of the offense attributed to him and his friends, but rather was injured during the commission of a separate intervening offense. In other words, the plaintiff was injured during an armed robbery, aggravated battery, or attempted murder, not an attempted possession of an illegal substance.
I further harbor serious doubt that the statute properly applies to minors in any event.
Crichton, J., would grant and assigns reasons.
I would grant the application to determine whether La. R.S. 9:2800.10 applies to juveniles.