Wurth-Plus, LLC Versus Lakeshore Chrysler Dodge Jeep, Inc. and Fca US LLC

• Court: Louisiana Court of Appeal
• Decided: September 3, 2024
• Docket: 24-C-381
• Status: Unknown

Opinion

WURTH-PLUS, LLC NO. 24-C-381

VERSUS FIFTH CIRCUIT

LAKESHORE CHRYSLER DODGE JEEP, INC. COURT OF APPEAL AND FCA US LLC STATE OF LOUISIANA

September 03, 2024

Linda Wiseman First Deputy Clerk

IN RE LAKESHORE CHRYSLER DODGE JEEP, INC. AND FCA US LLC

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE STEPHEN D. ENRIGHT, JR., DIVISION "N", NUMBER 849-424

Panel composed of Judges Jude G. Gravois, Marc E. Johnson, and Timothy S. Marcel

WRIT DENIED

Relators, Lakeshore Chrysler Dodge Jeep, Inc. and FCA US, LLC, defendants in an action for redhibition stemming from a purportedly defective automobile, seek supervisory review of the trial court's denial of their declinatory exception of improper venue.

Venue is a question of law, which is reviewed de novo by the appellate court. Seghers v. LaPlace Equip. Co., Inc., 13-350 (La. App. 5 Cir. 2/12/14), 136 So.3d 64. For purposes of a venue exception, the allegations of the plaintiff's petition are taken as true; however, when evidence is offered at a trial on the exception, the court is not bound to accept the allegations of the petition as true. Louisiana Mach. Co., L.L.C. v. Don Bihm Equip. Co., Inc., 22-471 (La. App. 5 Cir. 11/17/22) (unpublished writ disposition). Once venue is determined to be proper on allegations or facts developed at trial of the exception of improper venue, venue does not become improper by reason of a later change of facts or establishment of different facts. Prokop v. Mack Trucks, Inc., 96-608 (La. App. 5 Cir. 12/30/96), 694 So.2d 387, 390. La. C.C.P. art. 74 provides, in pertinent part: “An action for the recovery of damages for an offense or quasi offense may be brought in the parish where the wrongful conduct occurred, or in the parish where the damages were sustained.” (Emphasis added.)

On de novo review, we find no error in the trial court’s judgment overruling defendants’ exception. Plaintiff specifically alleged in its petition that it “sustained damages in Jefferson Parish due to loss of use of the vehicle for business purposes,” and thus, “venue in Jefferson Parish is proper as it is the Parish where damages were sustained.” There’s no indication that relators offered any evidence

1 at the trial on the exception to contest this alleged fact or in support of their claim that venue is not proper in Jefferson Parish. Accordingly, this writ is denied.1

Gretna, Louisiana, this 3rd day of September, 2024.

TSM JGG MEJ

1 In addition, we note with opprobrium counsel for relator’s multiple misrepresentations of the Fourth Circuit’s holding in Lewis v. Marshall Bros. Lincoln-Mercury, Inc., 04-0507 (La. App. 4 Cir. 5/19/04), 876 So.2d 142, as being from the Louisiana Supreme Court. Although these errors may have been unintentional, we note that legal argument based on knowingly false representation of law constitutes dishonesty toward the tribunal. See La. Rules of Professional Conduct 3.3. 2 SUSAN M. CHEHARDY CURTIS B. PURSELL

CHIEF JUDGE CLERK OF COURT

SUSAN S. BUCHHOLZ FREDERICKA H. WICKER CHIEF DEPUTY CLERK JUDE G. GRAVOIS MARC E. JOHNSON STEPHEN J. WINDHORST LINDA M. WISEMAN JOHN J. MOLAISON, JR. FIRST DEPUTY CLERK SCOTT U. SCHLEGEL TIMOTHY S. MARCEL FIFTH CIRCUIT MELISSA C. LEDET JUDGES 101 DERBIGNY STREET (70053) DIRECTOR OF CENTRAL STAFF POST OFFICE BOX 489 GRETNA, LOUISIANA 70054 (504) 376-1400

(504) 376-1498 FAX www.fifthcircuit.org

NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS DAY 09/03/2024 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY COUNSEL, AS LISTED BELOW:

24-C-381 E-NOTIFIED 24th Judicial District Court (Clerk) Honorable Stephen D. Enright, Jr. (DISTRICT JUDGE) William F. Bologna (Relator) Gerald A. Melchiode (Respondent) Dwight L. Acomb (Relator)

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