Supreme Court of Louisiana, 2002

Meredith v. Asbestos Corp.

Meredith v. Asbestos Corp.
Supreme Court of Louisiana · Decided March 15, 2002 · Victory
811 So. 2d 917; 2002 WL 501031 (Southern Reporter, Second Series)

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.

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