Hanson v. City of New Orleans Aetna Insurance Co.

Louisiana Court of Appeal

Hanson v. City of New Orleans Aetna Insurance Co.

483 So. 2d 1305, 1986 La. App. LEXIS 6138

CourtLouisiana Court of Appeal

DecidedFebruary 14, 1986

DocketNo. CA4145

StatusPublished

This text of 483 So. 2d 1305 (Hanson v. City of New Orleans Aetna Insurance Co.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Hanson v. City of New Orleans Aetna Insurance Co., 483 So. 2d 1305, 1986 La. App. LEXIS 6138 (La. Ct. App. 1986).

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Opinion

PRESTON H. HUFFT, Judge Pro Tem.

Plaintiff appeals from the district court’s ruling rescinding its previous order which had allowed plaintiff to proceed in forma pauperis.

The district court’s original order permitted plaintiff to proceed in forma pauperis based on plaintiff's affidavit of poverty wherein she asserted that her total income was limited to child support payments of $150.00 per month.

Both parties assert in brief that at the time of the hearing on defendant-appellee’s rule to traverse, plaintiff-appellant was receiving an income of approximately $425.00 per month. This amount included social security disability payments as well as child support payments.

The statutory privilege of proceeding in forma pauperis should be interpreted liberally in favor of giving indigent persons their day in court. La.C.Civ.P. Art. 5181; Benjamin v. National Supermarkets, Inc., 351 So.2d 138 (La.1977). In determining whether to grant the privilege to proceed in forma pauperis, courts often balance between the amount of anticipated court costs and the amount of income and living expenses of the litigant. Hollier v. Broussard, 220 So.2d 175 (La.App. 3rd Cir.1969).

In the instant case, we feel that the trial court erred in finding that appellant’s alleged monthly income of $425.00 was sufficient to cover her cost of living expenses as well as the cost of litigating her claim in the courts. Plaintiff-appellant should not be deprived of her right to have her claim adjudicated simply because of her financial inability to pay. City Stores Company v. Petersen, 263 La. 577, 268 So.2d 662 (1972).

Accordingly, we reverse the judgment of the trial court denying plaintiff the right to proceed in forma pauperis, and we reinstate the Court’s original order granting such a right.

REVERSED.

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PRESTON H. HUFFT, Judge Pro Tem.

Plaintiff appeals from the district court’s ruling rescinding its previous order which had allowed plaintiff to proceed in forma pauperis.

The district court’s original order permitted plaintiff to proceed in forma pauperis based on plaintiff's affidavit of poverty wherein she asserted that her total income was limited to child support payments of $150.00 per month.

Both parties assert in brief that at the time of the hearing on defendant-appellee’s rule to traverse, plaintiff-appellant was receiving an income of approximately $425.00 per month. This amount included social security disability payments as well as child support payments.

The statutory privilege of proceeding in forma pauperis should be interpreted liberally in favor of giving indigent persons their day in court. La.C.Civ.P. Art. 5181; Benjamin v. National Supermarkets, Inc., 351 So.2d 138 (La.1977). In determining whether to grant the privilege to proceed in forma pauperis, courts often balance between the amount of anticipated court costs and the amount of income and living expenses of the litigant. Hollier v. Broussard, 220 So.2d 175 (La.App. 3rd Cir.1969).

In the instant case, we feel that the trial court erred in finding that appellant’s alleged monthly income of $425.00 was sufficient to cover her cost of living expenses as well as the cost of litigating her claim in the courts. Plaintiff-appellant should not be deprived of her right to have her claim adjudicated simply because of her financial inability to pay. City Stores Company v. Petersen, 263 La. 577, 268 So.2d 662 (1972).

Accordingly, we reverse the judgment of the trial court denying plaintiff the right to proceed in forma pauperis, and we reinstate the Court’s original order granting such a right.

REVERSED.

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483 So. 2d 1305, 1986 La. App. LEXIS 6138, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hanson-v-city-of-new-orleans-aetna-insurance-co-lactapp-1986.

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