John Allen Ricks and Rita Jane Ricks Individually and on Behalf of Their Minor Child, Jennifer B. Ricks VS Kentwood Oil Company, Inc., Wade and Wanda Royals, Caryn Diddon, Jimmy Tate, Mitchell McIntyre and Gerald L. Davis (2009CA0677 Rehearing Application Consolidated With 2009CA0678)
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COURT OF APPEAL FIRST CIRCUIT STATE OF LOUISIANA RE Docket Number 2009CA0677 John Allen Ricks and Rita Jane Ricks Individually and on Behalf of Their Minor Chill Jennifer B Ricks Versus Kentwood 011 Company Inc Wade and Wanda Royals Caryn Diddon Jimmy Tate Mitchell McIntyre and Gerald 21st Judicial District Court Case 2001002260 Tangipahoa Parish L Davis Consolidated With the following 2009 CA 0678 Leo Ricks versus Kentwood Oil Company Inc Wade and Wanda Royals Caryn Diddon Jimmy Tate Mitchell McIntyre and Gerald L Davis On Application Rehearing Burrell J Carter au it u ffSS Gal e Te4t5 TiS oQ6 James E Kuhn Guidry T Pettigrew Jefferson D Hui Filed JUN 2 5 2010 Christine L Crow Clerk FIRST CIRCUIT JOHN ALLEN RICKS AND AND RITA JANE RICKS INDIVIDUALLY AND ON BEHALF OF THEIR COURT OF APPEAL MINOR CHILD JENNIFER B RICKS VERSUS KENTWOOD OIL COMPANY INC STATE OF LOUISIANA WADE AND WANDA ROYALS CARYN DIDDON JIMMY TATE MITCHELL MCINTYRE AND NUMBER 2009 CA 0677 GERALD DAVIS NUMBER 2009 CA 0678 W C ON REHEARING JUN 2 5 2010 KUHN J would grant the rehearing for the following reasons I disagree with the majority decision to deny a rehearing A rehearing is s mandated in this case by both the jurisprudence of this court and our own internal rule To protect litigants within the jurisdiction of the First Circuit from rogue panels issuing legally conflicting opinions Rule 2 requires that a prior decision 1 of this court be reversed by an en banc panel As pointed out by the dissent in the original opinion the majority has indeed created new insurance law by crafting a non written exclusion onto the policy In doing so the majority has ignored and reversed the law of this circuit but without invoking the requisite en banc determination to do so Consistency and compliance with the law are extraordinarily important in the rendition of appellate court opinions No panel of an intermediate appellate court is vested with the power to ignore the law and render an opinion without conforming to its own rules of operation Both the Louisiana Supreme Court in Bonnette v Conoco Inc 2001 2767 p 24 La 1 837 So 1219 1235 03 28 2d and this court in Wisner v Illinois Cent GulfR 537 So 740 748 La App R 2d 1st Cir writ denied 540 So 342 La 1989 have recognized that fear of 2d contracting cancer is a cognizable personal injury giving rise to a claim for damages which is to be resolved by the courts The majority has abandoned this rule of law without either legal justification or authority and implicitly overruled years of jurisprudence The effect of the majority conclusion will certainly be chaos s After all one may ask What is the law of the First Circuit Court of Appeal of Louisiana as to whether emotional distress is recoverable Who knows
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