Gustave J. Labarre, Jr. v. Occidental Chemical Company

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

GUSTAVE J. LABARRE, JR., ET NO. 2021 CW 1015 AL.

VERSUS

OCCIDENTAL CHEMICAL COMPANY, DECEMBER 20, 2021 ET AL.

In Re: Texas Brine, LLC, applying for supervisory writs, 23rd Judicial District Court, Parish of Assumption, No.

33796.

BEFORE: HOLDRIDGE, PENZATO, AND HESTER, JJ.

WRIT GRANTED. The burden of proving the facts essential to

support the objection of res judicata is on the party pleading the objection. If any doubt exists as to the application of res

judicata, the objection must be overruled and the second lawsuit maintained. Landry V. Town of Livingston Police Dept., 2010- 0673 La. App. lst Cir. 12/ 22/ 10), 54 So. 3d 772, 776. Because the

cornerstone of res judicata is a valid and final judgment, it was incumbent on Zurich American Insurance Company, Steadfast Insurance Company, and American Guarantee & Liability Insurance

Company, LLC ( collectively Zurich) to introduce a valid final judgment into the record. Our review of the trial transcript

shows that neither party offered, filed, or introduced any evidence into the record at the hearing on Zurich' s exception of res judicata. Without the final judgment in evidence, Zurich could not meet its burden of proof on the exception. We therefore grant this writ application, reverse the trial court' s

July 19, 2021 ruling sustaining Zurich' s exception of res

judicata and deny same.

GH

AHP CHH

T/ F AP L, FIRST CIRCUIT

DEPUTY KLERK OF COURT FOR THE COURT