Lynda Estorffe VS Honorable Tom Schedler in his official capacity as the duly elected Secretary of State for the State of Louisiana and the State of Louisiana
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STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT LYNDA ESTORFFE NO. VERSUS HONORABLE HIS TOM SCHEDLER OFFICIAL DULY CAPACITY ELECTED STATE FOR THE STATE THE CW Page 1 1639 of 2) IN AS SECRETARY LOUISIANA AND 2019 THE OF OF STATE AUGUST OF 20, 2020 LOUISIANA In Re: Honorable Torn his ( then) of Louisiana Parish of and WRIT Louisiana The and the AND 22nd Judicial Honorable capacity the state for applying District Court, 2018- 10898. 23, JJ. 2019, filed Tom for Louisiana, HOLDRIDGE, October judgment summary of No. official State State Tammany, WELCH, GRANTED. for the writs, St. MCCLENDON, motion in the duly eleceted Secretary of supervisory BEFORE: Schedler as by judgment Schedler in the denying the relators, State his ( then) of official capacity as the duly elected Secretary of State for the State of Louisiana, is reversed, and we hereby grant relators' motion for judgment and dismiss all claims summary asserted Lynda by Estorffe against relators recoil system alleged negligent a claim of of 9: 2800, of See 10/ 19/ 99), La. 248 or So. 2d of So. 3d basis, including These inspections a Civ. Civ. show, State v. 489, 494 409, Clark and 412. is It the voting week prior to the included plugging La. April each 5, La. Rouge 1st Cir. that on a 2014 the of that Baton App. issue at R. S. particular undisputed machines claim 98- 1182 ( East v. 2017- 1445 ( a La. things, the of DOTD, rel. establish or and other notice ex To 2317 art. the of relators' 2315 art. among constructive and system. Code Code Public Works, inspected employees La. must Netecke 747 Parish Department 6/ 18), under recoil against nature 31174 number the claims defective allegedly of actual Estorffe' s machine inspection Estorffe had defect. 4/ voting liability under Ms. relators the on negligence strict Ms. relators. based are state monthly election. voting machines into an outlet and thereafter pulling on the electrical cords of each voting system nor election, machine of an upon did issue at issue 2020 in a light particular the the Ms. relators recoil cords reports machine at into retracted of defects any issue the in the to prior the Estorffe document any defect in the voting a time to case, In the Estorffe deciding court facts unique must and cannot meet had actual system in or s Absent recoil a policy circumstances machine notice number of the of v. So. 3d ---, impose to no Jenkins a duty decision in presented.") her burden of proof at constructive voting had inspections whether make notice mechanism relators See voting machine. 1st Cir. 6/ 3/ 20), --- App. 4. (" machine' additional every La. fall. otherwise, perform of at * voting or her tc prior specific 2019- 0874 ( 2898123 Therefore, that duty no voting any at mechanisms of were inspection general WL Ms. with independent recoiling Hernandez, the of the ensure There machines. recoil to machine voting a 31174 trial defect or in that STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT NO. relators liable are See machine. 2018- 840 ( La. Accordingly, Estorffe for 3rd App. we against hereby relators v. Cir. dismiss JEW COURT OF J. concurs. APPEAL, EPUTY FOR LE THE K FIRST OF CIRCUIT COURT COURT Gulfport all CW Page 2 of Energy 6/ 5/ 19), claims with prejudice. PMC Holdridge, inspection negligent Broussard e. g., 2019 274 1639 of 2) the voting Corporation, So. 3d asserted by 613. Ms.
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