Johnson v. Shelton Trucking Service

Supreme Court of Louisiana

Johnson v. Shelton Trucking Service

599 So. 2d 1089, 1992 La. LEXIS 1930, 1992 WL 136616

CourtSupreme Court of Louisiana

DecidedJune 5, 1992

DocketNo. 92-C-0965

StatusPublished

Cited by3 cases

This text of 599 So. 2d 1089 (Johnson v. Shelton Trucking Service) 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

Johnson v. Shelton Trucking Service, 599 So. 2d 1089, 1992 La. LEXIS 1930, 1992 WL 136616 (La. 1992).

Pincite

Opinions

PER CURIAM.

Writ granted and made peremptory.

Defendant’s exception of lack of subject matter jurisdiction raised the issue of whether plaintiff, who was injured in an accident which occurred in North Carolina while employed by a Florida corporation, is entitled to benefits under the Louisiana Workers Compensation Law. R.S. 23:1035.1. The issue was never tried because the trial court overruled the exception without a hearing and refused to reconsider the issue at trial. Although defendant was allowed to make a proffer at trial, plaintiff did not have reason or opportunity to offer evidence in support of the applicability of the Louisiana law because the ruling of the trial court was in his favor.

The evidence in the record is, therefore, insufficient to adjudicate the issue. Accordingly, the judgment of the court of appeal reversing the judgment of the district court and sustaining defendant’s exception is reversed, and the case is remanded to the district court for the taking of additional evidence on the issue of applicability of the Louisiana Workers Compensation Law.

LEMMON, J., concurs with reasons.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Writ granted and made peremptory.

Defendant’s exception of lack of subject matter jurisdiction raised the issue of whether plaintiff, who was injured in an accident which occurred in North Carolina while employed by a Florida corporation, is entitled to benefits under the Louisiana Workers Compensation Law. R.S. 23:1035.1. The issue was never tried because the trial court overruled the exception without a hearing and refused to reconsider the issue at trial. Although defendant was allowed to make a proffer at trial, plaintiff did not have reason or opportunity to offer evidence in support of the applicability of the Louisiana law because the ruling of the trial court was in his favor.

The evidence in the record is, therefore, insufficient to adjudicate the issue. Accordingly, the judgment of the court of appeal reversing the judgment of the district court and sustaining defendant’s exception is reversed, and the case is remanded to the district court for the taking of additional evidence on the issue of applicability of the Louisiana Workers Compensation Law.

LEMMON, J., concurs with reasons.

Cite This Page — Counsel Stack

Bluebook (online)

599 So. 2d 1089, 1992 La. LEXIS 1930, 1992 WL 136616, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-shelton-trucking-service-la-1992.

Opinions

Related

Cite This Page — Counsel Stack