Meredith v. Asbestos Corp.

Supreme Court of Louisiana
Meredith v. Asbestos Corp., 811 So. 2d 917 (La. 2002)
2002 WL 501031
Victory

Meredith v. Asbestos Corp.

Dissenting Opinion

VICTORY, J.,

would grant the writ with the following order: Relators have demonstrated they have been unable to obtain evidence material to their case despite due diligence. La.Code Civ. P. art. 1602. Under the facts presented, the trial court’s proposed severance of the survival action claims is not a suitable substitute for a continuance. Accordingly, the judgment of the trial court is reversed, and the trial court is ordered to grant relators a reasonable continuance pending receipt of the DNA test results.

Opinion of the Court

In re Kenndey, Steven; Territo, Peter; London Market Insurers; — Defendants; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. B, No. 95-12312; to the Court of Appeal, Fourth Circuit, No. 2002-C-0435.

Writ denied.

Reference

Full Case Name
Chrisanda MEREDITH v. ASBESTOS CORPORATION, LTD.
Status
Published