Austin v. National Union Fire Insurance Co.

Supreme Court of Louisiana

Austin v. National Union Fire Insurance Co.

869 So. 2d 835, 2004 La. LEXIS 867, 2004 WL 816386

CourtSupreme Court of Louisiana

DecidedMarch 19, 2004

DocketNo. 2003-CC-3412

StatusPublished

This text of 869 So. 2d 835 (Austin v. National Union Fire Insurance Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Austin v. National Union Fire Insurance Co., 869 So. 2d 835, 2004 La. LEXIS 867, 2004 WL 816386 (La. 2004).

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Opinion

In re Johnson, Jimmy R.; IMEC Inc.;— Defendant(s); Applying for Supervisory and/or Remedial Writs, Parish of Vernon, 30th Judicial District Court Div. B, No. 62,785; to the Court of Appeal, Third Circuit, No. CW 03-01360.

Granted. Under the unique circumstances of this case, the trial court erred in granting the motion for new trial rather than the motion for judgment notwithstanding the verdict. See Morgan v. Be-langer, 617 So.2d 897 (La.1993). Accordingly, the judgment granting the new trial is reversed and the case is remanded to the trial court, which is instructed to grant the motion for judgment notwithstanding the verdict as to the issue of general damages.

KNOLL, J., would grant and docket. KIMBALL, J., would grant and docket.

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In re Johnson, Jimmy R.; IMEC Inc.;— Defendant(s); Applying for Supervisory and/or Remedial Writs, Parish of Vernon, 30th Judicial District Court Div. B, No. 62,785; to the Court of Appeal, Third Circuit, No. CW 03-01360.

Granted. Under the unique circumstances of this case, the trial court erred in granting the motion for new trial rather than the motion for judgment notwithstanding the verdict. See Morgan v. Be-langer, 617 So.2d 897 (La.1993). Accordingly, the judgment granting the new trial is reversed and the case is remanded to the trial court, which is instructed to grant the motion for judgment notwithstanding the verdict as to the issue of general damages.

KNOLL, J., would grant and docket. KIMBALL, J., would grant and docket.

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Bluebook (online)

869 So. 2d 835, 2004 La. LEXIS 867, 2004 WL 816386, Counsel Stack Legal Research, https://law.counselstack.com/opinion/austin-v-national-union-fire-insurance-co-la-2004.

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