Derrick Undray Jacobs v. Louisiana Machinery Company, LLC, Command Construction, LLC, AGCS Marine Insurance Company, James N. Lockhart, Baga Transport, Inc., National Interstate Insurance Company and Balvinder S. Wirring

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

DESHON MUSE NO. 2019 CW 1641 PAGE 1 OF 2 VERSUS

LOUISIANA MACHINERY COMPANY, LLC, COMMAND CONSTRUCTION, LLC, AGCS MARINE INSURANCE COMPANY, JAMES N. LOCKHART, GAGA TRANSPORT, INC., NATIONAL INTERSTATE INSURANCE COMPANY AND BALVINDER S. WIRRING

CONSOLIDATED WITH

JAMES BRADLEY BEDDINGFIELD,

INDIVIDUALLY AND ON BEHALF OF OAKLEIGH RAYE BEDDINGFIELD

VERSUS

LOUISIANA MACHINERY COMPANY, LLC, COMMAND CONSTRUCTION, LLC, AGCS MARINE INSURANCE COMPANY, JAMES N. LOCKHART, BAGA TRANSPORT, INC., NATIONAL INTERSTATE INSURANCE COMPANY AND BALVINDER S. WIRRING

DERRICK UNDRAY JACOBS

LOUISIANA MACHINERY COMPANY, LLC, COMMAND CONSTRUCTION, LLC, AGCS MARINE INSURANCE COMPANY, JAMES N. LOCKHART, BAGA TRANSPORT, INC., FEBRUARY 27, 2020 NATIONAL INTERSTATE INSURANCE COMPANY AND BALVINDER S. WIRRING

In Re: Command Construction Industries, LLC, The Gray Insurance Company, and James M. Lockhart, applying for supervisory writs, 21st Judicial District Court, Parish of Tangipahoa, No. 20170002123 c/ w 20170001930 c/ w 20170001748.

BEFORE: WHIPPLE, C. J., GUIDRY AND BURRIS, 1 JJ.

1 Judge William J. Burris, retired, serving pro tempore by special appointment of the Louisiana Supreme Court. STATE OF LOUISIANA

NO. 2019 CW 1641 PAGE 2 OF 2

WRIT GRANTED WITH ORDER. The district court' s November 4, 2019 judgment granting the motion to strike jury trial filed by plaintiffs, Derrick Undray Jacobs, James Bradley Beddingfield, individually and on behalf of Oakleigh Raye Beddingfield, and

Deshon Muse, and denying the motion to correct record and

transfer and repast the jury bond filed by defendants, Command Construction Industries, LLC, The Gray Insurance Company, and

James M. Lockhart, is reversed. Pursuant to La. Code Civ. P. art. 1734. 1, although there was a clerical error in the docket

number referenced in the cover letter to the clerk regarding the jury bond, we find the bond was timely paid and received by the clerk. Further, "[ t] he right of a . litigant to a jury trial is fundamental in character, and the courts will indulge every presumption against a waiver, loss, or forfeiture thereof." Al.kazin v. City of Baton Rouge, 97- 0738 ( La. App. 1st Cir. 11/ 7/ 97), 705 So. 2d 208, 211- 12. Therefore, the plaintiffs'

motion to strike the jury trial is denied, and the motion to correct the record and transfer and repcst the jury bond filed by defendants is granted. The district court is ordered to reinstate a jury trial as requested by defendants, Command Construction Industries, LSCC, The Gray Insurance Company, and

James M. Lockhart.

VGW JMG WJB

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PUTY CLER OF COURT FOR THE COURT