Cory Mouton v. Aaa Cooper Transportation

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 17-667 c/w 17-666 CORY MOUTON VERSUS AAA COOPER TRANSPORTATION, ET AL.

CONSOLIDATED WITH LINDA MOUTON VERSUS AAA COOPER TRANSPORTATION, ET AL. oe oe He 9B He a ais 2 a oe APPEAL FROM THE FIFTEENTH JUDICIAL DISTRICT COURT PARISH OF LAFAYETTE, NO. 2015-0466 C/W 2015-0463, DIV. F HONORABLE DAVID M. SMITH, DISTRICT JUDGE Se FAs oss 2s oie se aie VAN H. KYZAR JUDGE oft eo ae oie oe 2 oi 2k Court composed of John E. Conery, Van H. Kyzar, and Candyce G. Perret, Judges.

APPEAL SUSPENDED.

REMANDED WITH INSTRUCTIONS.

David C. Laborde Jeff D. Easley Laborde Earles Law Firm, LLC Post Office Box 80098 Lafayette, Louisiana 70598-0098 Counsel for Plaintiffs/Appellees: Linda Mouton and Corey Mouton S. Daniel Meeks Nicholas J. Lorusso Phyllis E. Glazer Kristen E. Meeks Meeks & Associates, LLC 3401 West Esplanade Avenue, South Suite 3 Metairie, Louisiana 70002 Counsel for Defendants/Appellants: AAA Cooper Transportation, Inc.; Arthur Huguley; and Ace American Insurance Company KYZAR, Judge.

For the reasons set forth in the companion and consolidated case hereto, Mouton v. AAA Cooper Transp., 17-666 (La.App.3 Cir. / /_),_ So.3d__, this court will not exercise its supervisory Jurisdiction but will suspend the appeal and remand this matter to the trial court with instructions to sign a judgment containing proper decretal language, including the names of the parties against whom the judgment is rendered (with a specification of the percentages of fault as assessed by the jury) and a specification of the increase in the award of general damages in the survival action (with a specification of the other damages awarded by the jury).’ The Clerk of Court for the Fifteenth Judicial District Court shall forward the judgments so signed to this Court as a supplement to this appellate record.

APPEAL SUSPENDED. REMANDED WITH INSTRUCTIONS. ' The judgment should continue to contain the ruling on subrogation and the award of interest as set forth in the original October 31, 2016 judgment, and the taxing of costs for expert fees.