Roy v. Warner

140 So. 3d 1167, 2014 WL 2683161, 2014 La. LEXIS 1207

Opinion

In re State Farm Mutual Automobile Insurance Company; Warner, Bernell et al.; — Defendant(s); Applying For Supervisory and/or Remedial Writs, Parish of Rapides, 9th Judicial District Court Div F, No. 236,954; to the Court of Appeal, Third Circuit, No. CW 14-00030.

Granted. It is well settled that the right of a litigant to a jury trial is fundamental in character and the courts will indulge every presumption against a waiver, loss, or forfeiture thereof. State v. Walker, 95-0185 (La.6/30/95), 658 So.2d 190, 192. The record of the instant case reflects relator made a timely request for jury trial upon learning the value of plaintiffs’ claims exceeded the jury trial threshold. Accordingly, the judgment of the district court striking the jury trial is reversed. Case remanded to the district court for further proceedings.

CLARK and HUGHES, JJ., would deny.