Supreme Court of Louisiana, 1992

Duvoisin v. National Tea Co.

Supreme Court of Louisiana · Decided May 8, 1992 · Determination, Faith, Heavily, Lemmon, Limit, Notes, Plaintiff, Recovery, Stipulate, Than, Willingness

598 So. 2d 344; 1992 La. LEXIS 1716; 1992 WL 108980 (Southern Reporter, Second Series)

Opinion of the Court

In re National Tea Co.;—Defendant(s); applying for writ of certiorari and/or review, supervisory and/or remedial writ; Parish of Jefferson, 24th Judicial District Court, Div. “O”, No. 412-518; to the Court of Appeal, Fifth Circuit, No. 92-CW-0256.

Granted. Case remanded to the district court for an evidentiary hearing to determine the good faith amount of damages in dispute before ruling on defendant’s right to a trial by jury. Cambridge Corner Corp. v. Menard, 525 So.2d 527 (La. 1988).

LEMMON, J., concurs in the order, but notes his opinion that plaintiff’s willingness to stipulate to limit his recovery to less than $20,000 should bear heavily on the determination of good faith.

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