Kimberly Chiasson, Individually and on behalf of her minor son, Cameron Chiasson VS Louisiana Medical Mutual Insurance Company, and John Whitaker, M.D.
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STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT KIMBERLY CHIASSON, INDIVIDUALLY AND OF SON, HER MINOR 2018 NO. ON CW 1288 BEHALF CAMERON CHIASSON VERSUS LOUISIANA MEDICAL MUTUAL AND INSURANCE COMPANY WHITAKER, M. D. In Kimberly Re: minor is 3, 600 of $ 35 party; right character, 12, Court, HOLDRIDGE, of supervisory Parish East of jury follows: "[ as 45 days PART. bond, In this the j] ury in bond to matter, court' s the case La. prior amount trial trial 1st App. thereof. Alkazin 11/ 7/ Cir. 97), v. City of Baton So. 2d 705 208, 211- citing Champagne v. So. 2d 437, language 1734. 1 439 ( of are American Southern Insurance Company, 1974). Regarding payment of the bond, La. Louisiana guiding to file Emphasis and of Civil Procedure that "[ provide any the i] f The bond or do articles non - requesting have or they simply 295 the and bond] ten deposit. required distinguish not parties, deposit an additional the make 1734 articles the [ other party shall required added). requesting Code and is not timely made, days" her JJ. IN DENIED the forfeiture or 97- 0738 ( Rouge, for applying District AND of filed prior to loss, waiver, AND PART stated behalf on by requesting by non - requesting party." In this defendants and plaintiff " requested" a jury trial. of a litigant to trial a is fundamental in jury and the courts will indulge every presumption against days both case, The CRAIN, be to and 612927. No. payment order management a to Chiasson, Judicial IN GRANTED respect Individually Cameron Rouge, McDONALD, WRIT with Chiasson, 19th Baton BEFORE: JOHN son, writs, 2018 SEPTEMBER 21, between preserve the right to a jury trial for " any other party" if a party failed to the deposit. Since presumption is against timely make every forfeiture of the right to a jury trial, parties, requesting bond, the defect as the within Procedure to a timeframe article and respect, granting right of jurisdiction. of New Iberia, other by writ is error, Herlitz Inc., we acted to the the court, Code preserve the judgment to Co., 878 ( jury trial For exercise Inc. La. v. 1981) ( the our and of Civil right the of jury her should not be taken away. decline So. 2d by Louisiana granted, Construction 396 filed party" provided Plaintiff right multiple deposit timely defendants' motion to strike a trial reinstated. jury to assignments the this are opportunity to remedy the realizing the defendants, file the jury bond at the 45 any provided 1734. 1. there after not as " to an timeframe second jury trial, this court the within have did when fails party Here, requesting party, deadline, plaintiff, day and party the bond. post one bond in one should other and if Thus, trial reversed, remaining supervisory Investors Hotel per curiam). STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT 2018 CW PAGE 2 imm WJC Holdridge, COURT OF APPEAL, PUTY FOR CLERK THE FIRST OF concurs CIRCUIT COURT COURT J., in the result. 1288 OF 2
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