Felix Gillespie v. William Guillory, Safeway Transportation, LLC Martin Transport, Inc. Plaza Insurance Company

• Court: Louisiana Court of Appeal
• Decided: September 2, 2022
• Docket: 2022CW0603
• Status: Unknown

Opinion

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

FELTX GILLESPIE NO. 2022 CW 0603 VERSUS

WILLIAM GUILLORY, SAFEWAY

TRANSPORTATION, LLC; MARTIN TRANSPORT, INC.; PLAZA SEPTEMBER 02, 2022

INSURANCE COMPANY

In Re: Felix Gillespie, applying for supervisory writs, 18th Judicial District Court, Parish of West Baton Rouge, No. 43985.

BEFORE : McDONALD, McCLENDON, AND HOLDRIDGE, JJ.

WRIT GRANTED IN PART AND DENIED IN PART. The trial court’s December 15, 2021 Order on Evidence, which appears to have granted in part the Joint Motion for Entry of Judgment and other relief filed by defendants, William Guillory, Safeway Transportation, LLC, Plaza Insurance Company, and Hallmark Specialty Insurance Company, is vacated. If a final judgment is signed, defendants’ remedy is through either a motion for new trial or motion for judgment notwithstanding the verdict. See La. Code Civ. P. art. 1972(1) (“A new trial shall be granted [w]hen the verdict or judgment appears clearly contrary to the law and the evidence.”); LAD Services of Louisiana, L.L.Cc. v. Superior Derrick Services, L.L.C., 2013-0163 (La. App. lst Cir. 11/7/14), 167 So.3d 746, 752, (“[t]he procedural device of JNOV, authorized by LSA-C.C.P. art. 1811, allows a trial judge to rectify an erroneous jury verdict by changing the jury’s finding on liability, or damages, or both”). However, prior to the rendition of a final judgment, the trial court may hold any hearings as to the date of death of the plaintiff, Felix

Gillespie, and the substitution of the proper parties plaintiff. Accordingly, the trial court’s December 15, 2021 Order on Evidence is vacated. In all other respects, the writ

is denied.

PMc GH

COURT OF APPEAL, FIRST CIRCUIT

AS()

DEPUTY CLERK OF COURT FOR THE COURT