Opinion
NO. 2018 CW 0711
06-01-2018
CRAIG MCDONALD v. THE DOW CHEMICAL COMPANY, ET AL
In Re: The Dow Chemical Company, applying for supervisory writs, 18th Judicial District Court, Parish of Iberville, No. 76426. BEFORE: WHIPPLE, C.J., WELCH AND HIGGINBOTHAM, JJ.
STAY DENIED. WRIT DENIED. The criteria set forth in Herlitz Construction Company, Inc. v. Hotel Investors of New Iberia, Inc., 396 So.2d 878 (La. 1981) (per curiam) are not met.
TMH
VGW
Welch, J., dissents. I would grant the writ, in part, and grant the Motion to Continue Trial filed by Dow Chemical Company. I believe the continuance of the trial in this case is warranted under the circumstances. The settlements were entered into after jury selection had begun, which could result in the remaining defendant changing trial strategies. Moreover, a continuance would allow the remaining defendant, Dow Chemical Company, the opportunity to re-take the trial depositions of three of plaintiff's expert witnesses, if necessary, as the trial testimony of these witnesses has already been taken. I would pretermit all other issues raised in the writ application. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT