Lisa R. Friedley and Robert J. Friedley v. Paul V. Pulido, Gunite Express and Starr Indemnity & Liability Company

• Court: Louisiana Court of Appeal
• Decided: May 26, 2020
• Docket: 2020CW0327
• Status: Unknown

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

LISA R. FRIEDLEY AND ROBERT NO. 2020 CW 0327

J. FRIEDLEY

VERSUS

PAUL V. PULIDO, GUNITE

EXPRESS, AND GENERAL STAR MAY 26, 2020 INDEMNITY COMPANY

In Re: Continental Insurance Company, applying for

writs, 23rd Judicial District Court, supervisory Parish of Ascension, No. 120260.

BEFORE: MCCLENDON, WELCH, AND HOLDRIDGE, JJ.

WRIT NOT CONSIDERED. The writ application fails to comply with Rule 4- 5( C) of the Uniform Rules of Louisiana Courts of

Supplementation of this writ application and/ or an Appeal. Uniform Rules application for rehearing will not be considered. of Louisiana Courts of Appeal, Rules 4- 9 and 2- 18. 7. In the

event relator seeks to file a new application with this court,

it must contain all pertinent documentation and must comply with Rule 2- 12. 2 of the Uniform Rules of Louisiana Courts of Appeal.

application must be filed on or before June 26, 2020, Any new and must contain a copy of this ruling.

PMC JEW

Holdridge, J., dissents and would deny the writ. The

judgment issue determines that the defendant, Raul at only Pulido, is " at fault in causing the accident of October 24, 2016

with Plaintiff Lisa Friedley." It does not include a finding that Lisa Friedley was free from fault. Therefore, the jury must allocate at least some fault on the defendant, Raul Pulido.

is free to fault as to Lisa However, the jury also allocate

in with La. Civ. Code art. 2323, and her Friedley accordance

name must appear on the jury verdict form in accordance with La. Code Civ. P. art. 966( G) because there was no finding by the

trial court that Lisa Friedley was not at fault.

DEPUTY CLERK OF COURT FOR THE COURT