Clem Brown, III VS C.F. Industries, Inc.
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STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT CLEM BROWN, III 2017 NO. CW 0236 VERSUS C. F. In INDUSTRIES, Re: INC. C. F. JUL 10 2017 Industries, LLC, applying District WRIT Court, WHIPPLE, BEFORE: Inca for C. J., and C. F. supervisory Parish 23rd Judicial 111493. of Ascension, No. AND GUIDRY Nitrogen, Industries writs, PETTIGREW, JJ. DENIED. JTP VGW the proving to Williams is the v. determine Onstott Sewerage & 950 facts injury 744, the So. 2d Brown, USA, of Inc., if However, pleadings, action the burden has not prescribed. Orleans, New the court' 746. of 611 So. 2d appellate prescription law, The In it must on occurring which for 1383, navigable the be Cir. absence decided the true. as petition have Victory 418, L. Ed. 2d 2011 - 0819 ( Eastwood set to second tort be to See La. assert cognizable both conditions water, to satisfy amended and of under location, of connection with 4th on 2557864. petition' their Park face s claims Workforce Inc., So. 3d a Louisiana of law, 810; 3d App. allegations maritime loss of 805, La. sustained on claim. a As consortium the burden as dock, the were shifted to prove that their claims were not prescribed by they were governed by maritime law. As no evidence introduced into the record, I find that plaintiffs carry their burden. Therefore, I would reverse 2017 judgment January 18, denying relator' s, exception in S. Ct. plaintiffs' for See 92 2013 - 1401 ( injury was test under 85 Com' n, land. of 206 - 207, Direct v. Thus, that location 202, 2/ 29/ 12), Cir. petitions, the extensions U. S. Warmack Bluff WL 404 513 and plaintiffs, showing that was the deemed Law, v. 1971); App. 2014 in prescribed 383 ( Niblett' s 14), forth fail La. v. 6/ 4/ Cir. Inc. Carriers, 30 been consistently of the on maritime activity. Grubart v. Great Lakes Dredge & Dock Co., U. S. 527, 115 1043, S. Ct. 130 L. Ed. 2d 1024 ( 1995) . Piers docks to correct. 1st 2004 - 2894 ( Inc., in is role injured on a dock situated on a satisfy s accepted are allegations seriously order in must Industries, 424. court' ruling was legally 2005 - 2548 ( La. App. s Furthermore, petition, III was waters. maritime of 998. the party burden the Chevron v. 991, of the Bd. trial Avondale 917 navigable the in V. 11/ 29/ 05), Clem show Water exception alleged Cichirillo that to face prescription, So. 2d the evidence, the Certified Capital Corp., 11/ 3/ 06), bears Hogg So. 3d The writ. If no evidence is introduced at the hearing on of whether v. 45 on the grant prescription 6/ 10), plaintiff exception would prescribed. evident 1993). La. has 7/ La. prescription the of claim 2009 - 2632 ( 1386 ( and exception the pleading shifts dissents J. Guidry, La. of Code prescription, Civ. P. art. and 934, I grant would same. order the C. F. However, the failed trial to court' s Industries, as matter set forth remanded STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT 2017 to the allow they were of v. Browns able prescription Austin, COURT OF FOR do as to 2015 - 1371 ( APPEAL, DEPUTY to FIRST CLERK OF THE opportunity an so, to remove their claims La. CIRCUIT COURT COURT App. lst to the of Cir. amend 2 their grounds loss CW Page of 2/ 26/ 16), of 0236 petition, the consortium. 191 if objection So. 3d Pence 608.
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