Landry v. Aetna Ins. Co.
This text of 442 So. 2d 440 (Landry v. Aetna Ins. Co.) 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.
Opinion
Henry LANDRY, Sr.
v.
AETNA INSURANCE COMPANY, et al.
Lonnie LANDRY
v.
AETNA INSURANCE COMPANY, et al.
Supreme Court of Louisiana.
Granted. Reversed and remanded to the court of appeal to reconsider. The "law of the case" doctrine is a "discretionary guide" and has no application when an appellate court reviews a ruling of the district court or when there is palpable error in a prior ruling. See CCP 2164, comment (a), and Petition of Sewerage & Water Board of New Orleans, La., 278 So.2d 81.
MARCUS and WATSON, JJ., would deny and dissent from the order.
LEMMON, J., concurs with reasons. Our inadvertent denial of certiorari on the issue of Lonnie Landry's negligence in the consolidated case causes complications in the present case. However, the fact that the judgment in the consolidated case is now definitive does not preclude an independent determination of Lonnie Landry's demands in this case.
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442 So. 2d 440, Counsel Stack Legal Research, https://law.counselstack.com/opinion/landry-v-aetna-ins-co-la-1983.