Supreme Court of Louisiana, 2007

Plotkin v. Broadmoor, L.L.C.

Plotkin v. Broadmoor, L.L.C.
Supreme Court of Louisiana · Decided April 11, 2007 · Application, Deny, Kimball, Traylor
953 So. 2d 812; 2007 La. LEXIS 899; 2007 WL 1163442 (Southern Reporter, Second Series)

Plotkin v. Broadmoor, L.L.C.

Opinion of the Court

PER CURIAM.

Writ granted. The decision of the court of appeal to grant the plaintiffs’ motion to strike the jury is reversed and the trial court’s ruling denying the motion to strike the jury is reinstated for the reasons explained by the trial court. See Berrigan v. Deutsch, Kerrigan & Stiles, 04-0189 (La.3/26/04), 871 So.2d 332, citing State v. Walker, 95-0185 (La.6/30/95), 658 So.2d 190 (the right of a litigant to a jury trial is fundamental in character and the courts will indulge every presumption against a waiver, loss, or forfeiture).

KIMBALL and TRAYLOR, JJ., would deny the application.

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