Stephanie Lewis v. State National Insurance Company, Inc., D/B/A Qeo Insurance Group, David Degruy, Richard's Disposal, Inc., and State Farm Mutual Automobile Insurance Company (In Its Capacity as un-insured/under-insured Motorist Carrier)

Louisiana Court of Appeal

Stephanie Lewis v. State National Insurance Company, Inc., D/B/A Qeo Insurance Group, David Degruy, Richard's Disposal, Inc., and State Farm Mutual Automobile Insurance Company (In Its Capacity as un-insured/under-insured Motorist Carrier)

DecidedJanuary 26, 2023

Docket2022-CA-0409

StatusPublished

This text of Stephanie Lewis v. State National Insurance Company, Inc., D/B/A Qeo Insurance Group, David Degruy, Richard's Disposal, Inc., and State Farm Mutual Automobile Insurance Company (In Its Capacity as un-insured/under-insured Motorist Carrier) (Stephanie Lewis v. State National Insurance Company, Inc., D/B/A Qeo Insurance Group, David Degruy, Richard's Disposal, Inc., and State Farm Mutual Automobile Insurance Company (In Its Capacity as un-insured/under-insured Motorist Carrier)) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Stephanie Lewis v. State National Insurance Company, Inc., D/B/A Qeo Insurance Group, David Degruy, Richard's Disposal, Inc., and State Farm Mutual Automobile Insurance Company (In Its Capacity as un-insured/under-insured Motorist Carrier), (La. Ct. App. 2023).

Pincite

Opinion

STEPHANIE LEWIS * NO. 2022-CA-0409

VERSUS * COURT OF APPEAL STATE NATIONAL * INSURANCE COMPANY, INC., FOURTH CIRCUIT D/B/A QEO INSURANCE * GROUP, DAVID DEGRUY, STATE OF LOUISIANA RICHARD'S DISPOSAL, INC., ******* AND STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (IN ITS CAPACITY AS UN-INSURED/UNDER- INSURED MOTORIST CARRIER)

APPEAL FROM CIVIL DISTRICT COURT, ORLEANS PARISH NO. 2017-11114, DIVISION “E” Honorable Omar Mason, Judge ****** Judge Daniel L. Dysart ****** ON APPLICATION FOR REHEARING

(Court composed of Judge Daniel L. Dysart, Judge Dale N. Atkins, Judge Nakisha Ervin-Knott)

Ryan Gaudet G. Adam Savoie DUDLEY DEBOSIER 622 Baronne Street New Orleans, LA 70113

COUNSEL FOR PLAINTIFF/APPELLEE

John W. Waters, Jr. David Edward Walle, Esq BIENVENU FOSTER RYAN & O'BANNON, LLC 1010 Common Street Suite 2200 New Orleans, LA 70112—2455 Frederic Courtney Fondren MAYHALL FONDREN BLAIZE 1499 St. Charles Street Houma, LA 70360 Ronald Lawrence Wilson ATTORNEY AT LAW 701 Poydras Street Suite 4100 New Orleans, LA 70139

David A. Strauss Marco J. Salgado STRAUSS MASSEY DINNEEN, LLC 935 Gravier Street Suite 1450 New Orleans, LA 70112

COUNSEL FOR DEFENDANT/APPELLEE

LIMITED REHEARING GRANTED January 26, 2023 DLD Appellant’s, State National Insurance Company, Inc. (“State National”), DNA NEK Application for Rehearing has been granted for the limited purpose of correcting

this Court’s December 28, 2022 Opinion (“December Opinion”) in this matter. As

such, this Supplemental Opinion is necessary to clarify this Court’s December

Opinion.

The first and final paragraphs of the December Opinion reference the trial

court’s August 4, 2022 judgment granting Richard’s Disposal, Inc. and David

DeGruy’s Motion for Partial Summary Judgment. However, that judgment was

not in front of this Court in this appeal. Rather, State National is appealing the trial

court’s March 2, 2022 judgment granting Plaintiff’s, Stephanie Lewis (“Lewis”),

Motion for Partial Summary Judgment.

The December Opinion inadvertently references the incorrect trial court

judgment. This Court intended to reverse and remand the trial court’s judgment

granting Lewis’s Motion for Partial Summary Judgment. As such, trial court’s

1 March 2, 2022 judgment granting Plaintiff’s, Lewis’s, Motion for Partial Summary

Judgment is hereby reversed and remanded for further proceedings.

LIMITED REHEARING GRANTED

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