Opinion
NO. 2015 CW 0442
06-29-2015
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: Chubb Custom Insurance Company, applying for supervisory writs, 18th Judicial District Court, Parish of Iberville, No. 73648. BEFORE: WHIPPLE, C.J., PETTIGREW AND McDONALD, JJ.
WRIT GRANTED WITH ORDER. The district court's February 13, 2015 judgment, overruling relator's declinatory exception raising the objection of improper venue, is reversed, and judgment is hereby rendered sustaining relator's 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, if it has not already done so, pursuant to this Court's March 12, 2015 order in 2014 CW 1554. Pursuant to the Direct Action Statute, La. R.S. 22:1269 (B) (1) (b) & (e) and 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.
JMM
JTP
Whipple, C.J., concurs. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT