Antoinette Washington v. Brian Taylor, Elkhart Corporate Cleaning Service, Inc., and Motorists Mutual Insurance Company

• Court: Louisiana Court of Appeal
• Decided: June 17, 2020
• Docket: 2019-CA-0924
• Status: Published

Opinion

ANTOINETTE WASHINGTON * NO. 2019-CA-0924

VERSUS * COURT OF APPEAL BRIAN TAYLOR, ELKHART * CORPORATE CLEANING FOURTH CIRCUIT SERVICE, INC., AND * MOTORISTS MUTUAL STATE OF LOUISIANA INSURANCE COMPANY *******

CONSOLIDATED WITH: CONSOLIDATED WITH:

STEPHANIE MYLES AND NO. 2019-CA-0925 TAQUILLA WHITE

VERSUS

BRIAN TAYLOR, ELKHART CLEANING SERVICE, MOTORISTS MUTUAL INSURANCE COMPANY, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

APPEAL FROM CIVIL DISTRICT COURT, ORLEANS PARISH NO. 2015-04213, DIVISION “J” Honorable D. Nicole Sheppard, ****** JUDGE SANDRA CABRINA JENKINS ****** (Court composed of Judge Edwin A. Lombard, Judge Sandra Cabrina Jenkins, Judge Regina Bartholomew-Woods)

Gerald J. Leydecker ATTORNEY AT LAW 2701 Athania Parkway Metairie, LA 70002

Robert W. Booksh, Jr. JOHN FOX & ASSOCIATES, L.L.C. 4240 Canal Street New Orleans, LA 70119--5943

COUNSEL FOR PLAINTIFF/APPELLANT

Isaac H. Ryan DEUTSCH KERRIGAN & STILES, L.L.P. 755 Magazine Street New Orleans, LA 70130

COUNSEL FOR DEFENDANTS/APPELLEES

APPEAL DISMISSED JUNE 17, 2020 SCJ EAL RBW

This appeal arises from a motor vehicle accident that occurred on March 3,

2015 at the intersection of Jackson Avenue and Rousseau Street in New Orleans.

Plaintiff/Appellant Antoinette Washington was the driver of a car in which

Stephanie Myles and Taquilla White were guest passengers. Defendant/Appellee

Brian Taylor was the driver of the truck and trailer which collided with Ms.

Washington’s vehicle.

In 2015, Ms. Washington filed suit against Mr. Taylor, his employer, Eckert

Cleaning Service Inc. (“Eckert”); and their insurers, Motorists Mutual Insurance

Company and State Farm Mutual Automobile Insurance Company (collectively

“Insurers’). In February 2016, Ms. Myles and Ms. White filed a separate lawsuit

against these same defendants. On April 11, 2016, the two lawsuits were

consolidated for trial.

On April 5, 2018, the trial court conducted a one-day bench trial in the

consolidated cases. On April 10, 2018, the trial court signed a judgment against

1 Ms. Washington, Ms. Myles, and Ms. White and in favor of Appellees, dismissing

all claims, with prejudice. On April 19, 2018, the trial court signed an amended

judgment which added State Farm as a dismissed defendant.

On April 19, 2018, Ms. Myles and Ms. White timely filed a Motion for New

Trial, which was set for hearing on February 9, 2019. Ms. Washington, however,

did not file a Motion for New Trial. On May 31, 2019, the trial court signed a

judgment granting Ms. Myles a new trial and denying Ms. White a new trial.

Not only did Ms. Washington not file a Motion for New Trial, she also did

not file a Notice of Appeal until July 21, 2019, more than fifteen months after the

April 19, 2018 amended judgment dismissing all defendants. Under La. C.C.P. art.

2087, a devolutive appeal must be taken within sixty days of the appealable

judgment when no motion for new trial has been filed. Franks v. W. Jefferson

Med. Ctr., 97-179, p. 3 (La. App. 5 Cir. 4/29/97), 694 So.2d 1089, 1090. The

Motion and Order for Devolutive Appeal filed by Ms. Washington on July 21,

2019 was filed well past the sixty -day limit. We have found no jurisprudence

holding that the filing of a Motion for New Trial in one consolidated case tolls the

time period for appealing in a separate case. Consequently Ms. Washington’s

appeal is untimely and is hereby dismissed.

APPEAL DISMISSED