Opinion
No. 2024-C-00944
11-06-2024
Charles SMITH and Jodenise Smith v. Stanley CEASAR, Jr., d/b/a Ceasar’s Dump Truck Service, et al.
Crain, J., would grant. McCallum, J., would grant. WEIMER, C.J., dissenting
Applying For Writ Of Certiorari, Parish of Calcasieu, 14th Judicial District Court Number(s) 2019-4470-D, Court of Appeal, Third Circuit, Number(s) 23-689.
1Writ application denied.
Weimer, C.J., dissents and assigns reasons.
Crain, J., would grant.
McCallum, J., would grant.
WEIMER, C.J., dissenting
1Because I have long advocated for a different analysis regarding uninsured motorist claims, I would grant Indian Harbor Insurance Company’s writ application and docket this matter. See Duncan v. U.S.A.A. Ins. Co., 06-363, pp. 1-4 (La. 11/29/06), 950 So.2d 544, 554-55 (Weimer, J., dissenting); Havard v. Jeanlouis, 21-00810 (La. 6/129/22), 345 So.3d 1005, 1009-11 (Weimer, C.J., dissenting); Berkley As- surance Co. v. Willis, 21-1554, pp. 1-4 (La. 12/9/22), 355 So.3d 591, 596-98 (Weimer, C.J., dissenting).
The legislature’s recent amendment to La. R.S. 22:1295 (2024 La. Acts, No. 770) appears to address concerns raised in these previous dissents and will hopefully provide necessary clarity and guidance in cases going forward.