Louisiana Court of Appeal, 2023

Stephanie Lewis v. State National Insurance Company, Inc., D/B/A Qeo Insurance Group, David Degruy, Richard's Disposal, Inc., and State Farm Mutual Automobile Insurance Company (In Its Capacity as un-insured/under-insured Motorist Carrier)

Stephanie Lewis v. State National Insurance Company, Inc., D/B/A Qeo Insurance Group, David Degruy, Richard's Disposal, Inc., and State Farm Mutual Automobile Insurance Company (In Its Capacity as un-insured/under-insured Motorist Carrier)
Louisiana Court of Appeal · Decided January 26, 2023 · Judge Daniel L. Dysart; Judge Dale N. Atkins; Judge Nakisha Ervin-Knott

Stephanie Lewis v. State National Insurance Company, Inc., D/B/A Qeo Insurance Group, David Degruy, Richard's Disposal, Inc., and State Farm Mutual Automobile Insurance Company (In Its Capacity as un-insured/under-insured Motorist Carrier)

Opinion of the Court

STEPHANIE LEWIS * NO. 2022-CA-0409 VERSUS * COURT OF APPEAL STATE NATIONAL * INSURANCE COMPANY, INC., FOURTH CIRCUIT D/B/A QEO INSURANCE * GROUP, DAVID DEGRUY, STATE OF LOUISIANA RICHARD'S DISPOSAL, INC., ******* AND STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (IN ITS CAPACITY AS UN-INSURED/UNDER- INSURED MOTORIST CARRIER)

APPEAL FROM CIVIL DISTRICT COURT, ORLEANS PARISH NO. 2017-11114, DIVISION “E” Honorable Omar Mason, Judge ****** Judge Daniel L. Dysart ****** ON APPLICATION FOR REHEARING (Court composed of Judge Daniel L. Dysart, Judge Dale N. Atkins, Judge Nakisha Ervin-Knott)

Ryan Gaudet G. Adam Savoie DUDLEY DEBOSIER Baronne Street New Orleans, LA 70113 COUNSEL FOR PLAINTIFF/APPELLEE

John W. Waters, Jr. David Edward Walle, Esq BIENVENU FOSTER RYAN & O'BANNON, LLC 1010 Common Street Suite 2200 New Orleans, LA 70112—2455 Frederic Courtney Fondren MAYHALL FONDREN BLAIZE 1499 St. Charles Street Houma, LA 70360 Ronald Lawrence Wilson ATTORNEY AT LAW Poydras Street Suite 4100 New Orleans, LA 70139 David A. Strauss Marco J. Salgado STRAUSS MASSEY DINNEEN, LLC Gravier Street Suite 1450 New Orleans, LA 70112 COUNSEL FOR DEFENDANT/APPELLEE

LIMITED REHEARING GRANTED January 26, 2023 DLD Appellant’s, State National Insurance Company, Inc. (“State National”), DNA NEK Application for Rehearing has been granted for the limited purpose of correcting this Court’s December 28, 2022 Opinion (“December Opinion”) in this matter. As such, this Supplemental Opinion is necessary to clarify this Court’s December Opinion.

The first and final paragraphs of the December Opinion reference the trial court’s August 4, 2022 judgment granting Richard’s Disposal, Inc. and David DeGruy’s Motion for Partial Summary Judgment. However, that judgment was not in front of this Court in this appeal. Rather, State National is appealing the trial court’s March 2, 2022 judgment granting Plaintiff’s, Stephanie Lewis (“Lewis”), Motion for Partial Summary Judgment.

The December Opinion inadvertently references the incorrect trial court judgment. This Court intended to reverse and remand the trial court’s judgment granting Lewis’s Motion for Partial Summary Judgment. As such, trial court’s

March 2, 2022 judgment granting Plaintiff’s, Lewis’s, Motion for Partial Summary Judgment is hereby reversed and remanded for further proceedings.

LIMITED REHEARING GRANTED

Case-law data current through December 31, 2025. Source: CourtListener bulk data.