Opinion
No. W97-1347.
July 29, 1998.
On application for Supervisory Writ from the Thirty-Eighth Judicial District Court [Nos. 10-14056, 59-63], Parish of Cameron; H. Ward Fontenot, District Judge, presiding.
D. Keith Wall, Jennings, John Wheadon deGravelles, Baton Rouge, for Angela M. Thibodeaux.
Michael C. McMullen, Kansas City, MO, for Ferrellgas, Inc. et al.
John Edmund McElligott, Jr., Lafayette, Steven G. Emerson, Kansas City, MO, for Empire Gas Corp., et al.
J.B. Jones, Jr., Cameron, for Brent Benoit et al.
Winfred Thomas Barrett, III, Vinton, for Lawrence Lanclos.
Michael Lea Hyman, Baton Rouge, for Continental Ins. Co.
Edgar Dean Gankendorff, Lafayette, for Wright Enrichment.
William H. Parker, III, Lafayette, for Goddard-Webstone.
Michael J. Remondet, Jr., Lafayette, for Ferrellgas.
David Ross Frohn, Lake Charles, for National Union Ins.
Rudie Ray Soileau, Jr., Lake Charles, Steven G. Emerson, Kansas City, for Empiregas, Inc.
Before WOODARD, GREMILLION and PICKETT, Judges.
For the reasons set forth in our opinion rendered this day in Thibodeaux v. Ferrellgas, Inc., 97-1267 (La.App. 3 Cir. 7/29/98); 717 So.2d 655, we grant the writ and make it peremptory. The trial court shall only advise the jury that there was a settlement between Ferrellgas and their attorneys and the plaintiffs and their attorneys resulting in a realignment of the parties, that Ferrellgas paid plaintiffs a sum of money and, in return, the plaintiffs have agreed to hold Ferrellgas harmless and dismiss all claims they may have against it, that Ferrellgas has a financial interest in the lawsuit and will receive a substantial portion of any judgment the plaintiffs receive from any of the non-settling defendants. Costs of the writ application shall be paid one-half by Ferrellgas and one-half by Empiregas.
WRIT GRANTED AND MADE PEREMPTORY.
WOODARD, J., concurs.