 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Hall v. Zen-Noh Grain Corp.12/13/2000
AFFIRMED AND REMANDED.
Class action Defendant and third-party Plaintiff, Zen-Noh Grain Corporation (Zen-Noh), appeals from a judgment granting the peremptory exception of no cause of action to third-party Defendants, IMC-Agrico Co. (IMC), Chevron Chemical Co, L.L.C., successor in interest to Chevron Phillips Chemical Company, L.P. (Chevron), and C.F. Industries, Inc. (CF) We affirm and remand.
A class action suit was filed against Zen-Noh by various Plaintiffs on June 8, 1999 for damages related to alleged grain dust emissions. A petition for certification was filed in July of 1999, but has not been ruled upon, pending these appeals. On August 31, 1999, Zen-Noh answered the petition and filed third-party demands against various third-party Defendants, including one against CS Metals of Louisiana, LLC that was voluntarily dismissed several months later. All of the third-party Defendants filed exceptions of no cause of action. In December 10, 1999, Zen-Noh filed a First Supplemental and Amending Third-Party Demand, naming as additional third-party Defendants, IMC, Chevron and CF. On December 14, 1999, the exceptions filed by the original third- party Defendants were granted. Zen-Noh appealed from that judgment in January of 2000.
In February of 2000 and May of 2000, IMC, Chevron and CF filed exceptions of no cause of action. The trial judge granted the exceptions of CF on May 23, 2000 and of IMC and Chevron on May 25, 2000. The trial judge issued reasons and a judgment on December 14, 1999 granting the exceptions filed by the original third-party Defendants.
The appeal of the original exceptions was argued on August 9, 2000 and a judgment was rendered on September 26, 2000. See: Hall v. Zen-Noh, 00-151 (La. App. 5th Cir. 9/26/00),2000 WL 1395277. The issues on this appeal are identical.
On appeal, Zen-Noh asserts that the trial judge erred in granting the exceptions of no cause of action.
NO CAUSE OF ACTION
As we stated in opinion rendered in the first appeal on September 26, 2000:
The peremptory exception of no cause of action is designed to test the legal sufficiency of the petition. The legal sufficiency of the petition is found when the Plaintiff is afforded a legal remedy, based solely on the facts alleged in the pleading. See: Taylor v. Shoney's, Inc., 98-810 (La. App. 5th Cir. 1/26/99), 726 So.2d 519, 521. In deciding the exception, the well-pleaded allegations of fact are accepted as true. Id. Under La. C.C.P. art. 931 no evidence may be introduced to support or controvert the exception. The issue at the trial of the exception is whether, on the face of the petition, Plaintiff is legally entitled to the relief sought. Id. However, the pleadings must be construed reasonably so as to afford litigants their day in court, to arrive at the truth, and to do substantial justice. Id. When it can reasonably do so, the trial court should maintain a petition against a peremptory exception so as to afford the litigant an opportunity to present his evidence. Id. The court of appeal reviews de novo the trial court's ruling on an exception of no cause of action. Id.; See: City of New Orleans v. Board of Com'rs of Orleans Levee Dist., 640 So.2d 237, 253 (La.1994).
THIRD PARTY DEMAND
La. C.C.P. art. 1111 provides that a defendant in a principal action may bring in, by third party petition, any person who is his warrantor, or who may be liable to him for all or part of the principal demand. However, if a third party demand does not allege facts showing that the third party defendant is either a warrantor of the third party plaintiff or is liable for all or part of the principal demand, t
Page 1 2 3 4 Louisiana Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
By using the system, you agree to TERMS OF SERVICE
|