Skinner v. Lacombe

Supreme Court of Louisiana April 18, 1980

Skinner v. Lacombe, 382 So. 2d 1391 (La. 1980)

1980 La. LEXIS 7227

Blanche, Dennis, Dixon

Opinion of the Court

DIXON, C. J.,

agrees that the writ should be denied, for the reason that the “cause of action” or “cause” or the “juridical facts on which the demand is based” is the same in each suit — the collision. The new contention that the accident was caused by the overloaded truck is merely new evidence, and should not justify a new trial on the same accident. See 51 Tul.L.Rev. 611, 619-621, 635, 642.

Concurring Opinion

DENNIS, J.,

concurs in denying the writ because the result is correct.

BLANCHE, J., recused.

Reference

Full Case Name: Mrs. Mabel SKINNER v. Roderick W. LACOMBE, and State of Louisiana through the Department of Transportation and Development (formerly the Department of Highways)
Status: Published