Opinion
NO. 2014 CW 1554
03-12-2015
ROLAND SKINNER, JR. v. PATRICK RICHARD AND VIRGINIA RICHARD ON BEHALF OF MADELEINE RICHARD, USAA CASUALTY INSURANCE COMPANY, AND STATE FARM MUTUAL AUTOMOBILE' INSURANCE COMPANY
In Re: Patrick Richard and Virginia Richard on behalf of Madeleine -Richard, applying for supervisory writs, 18th Judicial District Court, Parish of Iberville, No. 73648. BEFORE: GUIDRY, WELCH, HIGGINBOTHAM, THERIOT AND DRAKE, JJ.
WRIT GRANTED IN PART WITH ORDER; WRIT DENIED IN PART. The district court's September 26, 2014 judgment, overruling relators' declinatory exception raising the objection of improper venue, is reversed, and judgment is hereby rendered sustaining relators' exception of improper venue. The matter is remanded with instructions that the district court transfer the above-captioned lawsuit to the 19th Judicial District Court in East Baton Rouge Parish, pursuant to La. Code Civ. P. art. 121. Pursuant to the Direct Action Statute, La. R.S. 22:1269 (B) (1) (b) & (e) ana La. Code Civ. P. art. 42 (1) & (7), venue is proper for each defendant in East Baton Rouge Parish. See Trascher v. Northrop Grumman Ship Sys., Inc., 2010-1287 (La. 9/17/10), 43 So.3d 961 (per curiam); See also Green v. Auto Club Group Insurance Company, 2008-2868 (La. 10/28/09), 24 So.3d 182. The writ application is denied insofar as the application seeks review of the district court's September 26, 2014 judgment, pertaining to relator's dilatory exception raising the objection of improper joinder of a party.
MRT
EGD
JMG
TMH
Welch, J., dissents and would deny the writ. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT