Mickey Trotter v. Grady Crawford Construction Company, Inc. and Clemon Durham

Opinion

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

MICKEY TROTTER NO. 2026 CW 0649

VERSUS

GRADY CRAWFORD CONSTRUCTION JULY 13, 2026

COMPANY, INC. AND CLEMON

DURHAM

In Re: Clemon Durham, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 772000.

BEFORE : THERIOT, LANIER, AND MILLER, JJ. WRIT DENIED.

Wi SMM

Theriot, J., dissents and would grant the writ. There is no dispute plaintiff is domiciled in Mississippi and the accident happened in Mississippi. I find the convenience of the parties and witnesses, as well as the interest of justice, require this case to be heard in Mississippi. See La. Code Civ. P. art. 123; see also Holland v. Lincoln General Hospital, 2010-0038 (la. 10/19/10), 48 So.3d 1050. Accordingly, I would reverse, grant defendant’s motion to dismiss for forum non conveniens, and remand this matter to the district court for consideration of La. Code Civ. P. art. 123(C) and, thereafter, entry of a judgment of dismissal without prejudice pursuant to La. Code Civ. P. art. 123(B).

OURT OF APPEAL, FIRST CIRCUIT . aha AD OV:

FOR THE COURT