Kensey Jones v. The Kansas City Southern Railway Company and ABC Insurance Company I

Opinion

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

KENSEY JONES NO. 2025 CW 0605 VERSUS THE KANSAS CITY SOUTHERN AUGUST 22, 2025

RATLWAY COMPANY AND ABC INSURANCE COMPANY I

In Re: The Kansas City Southern Railway Company, applying for ‘ supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 737591.

BEFORE: THERIOT, PENZATO, AND BALFOUR, Jd. WRIT DENIED.

MRT KEB

Penzato, J., dissents. I find the trial court abused its discretion in holding that defendant, The Kansas City Southern Railway Company, “acquiesced” to this case remaining in East Baton Rouge Parish. Although defendant cooperated with discovery and pretrial matters in accordance with the orders of the district court, it filed this motion within a reasonable time after other exceptions were ruled upon and after obtaining discovery regarding plaintiff’s domicile, a factor to be considered in an analysis of

forum non conveniens. There is no dispute the parties and witnesses are located and/or work in or near Caddo Parish, and this incident happened in Caddo Parish. The convenience of the

parties and witnesses, as well as the interest of justice, require this case to be heard in the First Judicial District Court for the Parish of Caddo. See La. Code Civ. P. art. 123; see also Holland v. Lincoln General Hospital, 2010-0038 (La. 10/19/10), 48 So.3d 1050. I would grant the writ, grant the Motion to Transfer Pursuant to Forum Non Conveniens filed by defendant and remand this matter with instructions to transfer the matter to the First Judicial District Court for the Parish of Caddo.

COURT OF APPEAL, FIRST CIRCUIT

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“SSRPUTY CLERK OF COURT FOR THE COURT