David M. Gandy VS Robert M. Zacary and State Farm Mutual Automobile Insurance Company
Annotate this Case
Download PDF
STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT DAVID M. GANDY NO. 2021 CW 1067 VERSUS ROBERT FARM M. ZACARY MUTUAL AND INSURANCE COMPANY In Robert Re: STATE M. Zacary Company, Insurance 22nd Judicial MCDONALD, WRIT 6, 2021 State and Farm applying District Mutual for Court, Automobile writs, supervisory Parish St. Tammany, 2021 judgment of 202012443. No. BEFORE: DECEMBER AUTOMOBILE LANIER, GRANTED. The AND WOLFE, district JJ. court' July s 29, dismissing the peremptory exception of prescription filed by the defendants, Insurance that Robert Company, damaged 2019. However, the the the vehicle supplemental 2021, more than to attempted agent" Gandy"), Gandy (" it and the not after the claim in Motorsports, the a was its court owner claim until March While of 18, Gandy petition " member 14, the on damage. the of June on LLC amended LLC, owner filed was alleged asserted district the assert petition amending assert did the was Motorsports, Automobile petition occurred to submitted Redline Mutual original damage the and evidence year Redline of M. that and one Farm The issue, at State and reversed. vehicle, affirmatively proved of Zacary David plaintiff, alleged M. is as an limited a liability company " is not a proper party to a proceeding by or and "[ a] member shall have against a limited liability company," no interest in limited La. R. S. liability company property." La. 12: 1320( C); R. S. 12: 1329; see also Northeast Realty, L. L. G. v. 40, 573 ( La. 2d Cir. 1/ 25/ 06), 920 Misty Bayou, L. L. C., App. So. 2d 938. The person any or defendants, original the and petition than other entity addition file for relation Ctr., not the Div. been and Ahmed Cir. year 12/ 28/ 17), of the 3492. Accordingly, the and plaintiff' s claims the of tort LLC, are EW OF APPEAL, FIRST CIRCUIT DEPUTY FOR CLERK THE OF COURT COURT So. 1044 ( failed See La. action does not La. the proper suit within Civ. prescription Med. have 2017- 0114 ( file the factors 1985), petition Thus, to the that company Louisiana La. L. L. G., 1111. of find we amended dismissed. WIL COURT the damage. exception v. 1040, So. 3d JMM ell Giroir Development, Motorsports, alleged therefore, So. 2d 234 against limited a in back Downman indication claims liability a party with no right of and 475 relation v. Redline plaintiff, one Hospitals, met, 4th App. Of See apply. suit originally, back set forth no had Gandy of added a wholly new plaintiff by to provided Code is art. granted,
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
