Robert McCormick v. United Services Automobile Association

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

ROBERT MCCORMICK NO. 2020 CW 1189

VERSUS

UNITED SERVICES AUTOMOBILE

ASSOCIATION FEB 1 $ 2021

In Re: LTC. Robert McCormick ( Ret.), applying for supervisory writs, 18th Judicial District Court, Parish of

Iberville, No. 77971.

BEFORE: WHIPPLE, C. J., WELCH AND CHUTZ, JJ.

WRIT GRANTED. The provisions of the Louisiana Code of

Civil Procedure are not to be construed as an end in themselves and should be construed liberally so as to implement the

substantive law. La. Code Civ. P. art. 5051. Thus, amendment

of the pleadings should be liberally allowed, providing the

movant is acting in good faith, the amendment is not sought as a delaying tactic, the opponent will not be unduly prejudiced, and the trial will not be unduly delayed. Rainey v. Entergy Gulf States, Inc., 2001- 2414 ( La. App. 1st Cir. 11/ 8/ 02), 840 So. 2d 586, 589- 90, on rehearing, 2001- 2414 ( La. App. 1st Cir.

6/ 25/ 04), 885 So. 2d 1193. Herein, plaintiff/ relator, LTC.

Robert McCormick' s ( Ret.) (" McCormick"), proposed amended

petition does not add any new party or claim; the crux of the

lawsuit remains the fault of two colliding tortfeasors and

whether the damage to McCormick exceeds their available

insurance coverage. Additionally, as the Louisiana Supreme

Court issued a moratorium on civil jury trials, recently McCormick' s amended petition would notunduly delay trial.

the district court' s November 17, 2020 judgment, Accordingly, McCormick' s Motion to Amend Original Petition for denying Damages is reversed. McCormick is granted leave to file his First Supplemental and Amending Petition with the district court.

VGW JEW

WRC

DEPUTY CLERK OF COURT FOR THE COURT