DAVID JOHNSON AND SOLOMON JOHNSON NO. 24-C-540 VERSUS FIFTH CIRCUIT SHERIFF MIKE TREGRE, ET AL. COURT OF APPEAL STATE OF LOUISIANA

December 04, 2024 Susan Buchholz Chief Deputy Clerk

IN RE SHERIFF MIKE TREGRE AND OLD REPUBLIC INSURANCE COMPANY APPLYING FOR SUPERVISORY WRIT FROM THE FORTIETH JUDICIAL DISTRICT COURT, PARISH OF ST JOHN THE BAPTIST, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE NGHANA LEWIS, DIVISION "B", NUMBER 78,859

Panel composed of Judges Fredericka Homberg Wicker, Scott U. Schlegel, and Timothy S. Marcel

WRIT DENIED In this wrongful death and survival suit arising from an automobile colliding with an occupied travel trailer, defendants Sheriff Mike Tregre and Old Republic Insurance Company seek supervisory review of a July 24, 2024 judgment of the district court denying their second peremptory exception of no cause of action.1

The function of the peremptory exception of no cause of action is to test the legal sufficiency of the petition, which is done by determining whether the law affords a remedy on the facts alleged in the pleading. Palowsky v. Campbell, 21- (La. App. 5 Cir. 3/30/22), 337 So.3d 567, 572. In reviewing the judgment of the district court relating to an exception of no cause of action, appellate courts conduct a de novo review because the exception raises a question of law and the lower court's decision is necessarily based solely on the sufficiency of the petition. Id. At the trial of the exception, the court reviews the petition and accepts the well-pleaded allegations of fact as true. Id. Whether the plaintiff can prove the allegations set forth in the petition is not determinative of the exception of no cause

See also our prior disposition, 23-C-587.

24-C-540 1 of action. Id. Because the trial of the exception is solely on the face of the pleadings, the court may not go beyond the petition to the merits of the case. Id.

Upon de novo review, we find that the facts alleged in plaintiffs' first amended and supplemental petition do set forth a cause of action against defendants. We find no error in the trial court's judgment denying defendants' second peremptory exception of no cause of action. This writ is denied.

Gretna, Louisiana, this 4th day of December, 2024.

TSM FHW SUS

24-C-540 2 SUSAN M. CHEHARDY CURTIS B. PURSELL CHIEF JUDGE CLERK OF COURT

SUSAN S. BUCHHOLZ FREDERICKA H. WICKER CHIEF DEPUTY CLERK JUDE G. GRAVOIS MARC E. JOHNSON STEPHEN J. WINDHORST LINDA M. WISEMAN JOHN J. MOLAISON, JR. FIRST DEPUTY CLERK SCOTT U. SCHLEGEL TIMOTHY S. MARCEL FIFTH CIRCUIT MELISSA C. LEDET JUDGES 101 DERBIGNY STREET (70053) DIRECTOR OF CENTRAL STAFF POST OFFICE BOX 489 GRETNA, LOUISIANA 70054 (504) 376-1400 (504) 376-1498 FAX www.fifthcircuit.org

NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS DAY 12/04/2024 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY COUNSEL, AS LISTED BELOW:

24-C-540 E-NOTIFIED 40th District Court (Clerk) Honorable Nghana Lewis (DISTRICT JUDGE) Catherine Hilton (Respondent) Jason E. Wilson (Respondent) Kyle M. Truxillo (Respondent) Jason P. Wixom (Relator) D. Russell Holwadel (Respondent) Heather E. Reznik (Respondent) MAILED Craig E. Frosch (Relator) Patricia P. Wattigny (Respondent) Ron A. Austin (Respondent) Laura C. Rodrigue (Relator) Attorney at Law Attorney at Law Blake J. Arcuri (Relator) 3861 Ambassador Caffery Parkway 400 Manhattan Boulevard Attorneys at Law Suite 300 Harvey, LA 70058 1615 Poydras Street Lafayette, LA 70503 Suite 1250 New Orleans, LA 70112