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Louviere v. State9/23/2005
BEFORE: KUHN, GUIDRY, AND PETTIGREW, JJ.
Disposition: AFFIRMED.
Defendants, The State of Louisiana, The State of Louisiana Department of Education, The State of Louisiana Board of Elementary and Secondary Education, The Louisiana School for Math, Science and the Arts ("the school"), and The Board of Directors of the Directors of The Louisiana School for Math, Science and the Arts, appeal the trial court's judgment overruling their exception raising the objection of improper venue. We affirm.
I. FACTUAL AND PROCEDURAL BACKGROUND
Plaintiffs, Larry J. Louviere and Kathleen Louviere, individually, and on behalf of their minor daughter, Katie Louviere, filed a wrongful death and survival action against defendants following the death of their son, Thomas A. Louviere. In their petition, plaintiffs alleged that while Thomas was a resident student at the school in Natchitoches, Louisiana, he "orally expressed his intentions to take his own life." Plaintiffs contend that when another student at the school heard Thomas' suicidal ideations and reported them to the director of Student Affairs, the director took no action.
According to the petition, which plaintiffs filed in St. Mary Parish, Thomas committed suicide by gunshot at his home in St. Mary Parish on March 28, 2003. Plaintiffs assert that the defendants' negligence or fault caused Thomas' death. Specifically, they allege the defendants failed to inform them of Thomas' suicidal threats, failed to provide counseling, failed to consult a mental health specialist (La. App. 1st Cir. 2/14/03), 839 So.2d 448, 451 n.3. before requiring Thomas to resign from the school for "alleged minor offenses only a short time before graduation," and failed to train and supervise the school staff to recognize and take action upon knowledge of suicidal threats made by students. Plaintiffs contend that if the school staff had appropriately warned or informed plaintiffs, provided care and counseling, and monitored Thomas, he would not have committed suicide. Plaintiffs seek damages, asserting causes of action for wrongful death, survival, and loss of consortium, service, and society.
Defendants filed their exception objecting to improper venue, asserting that none of the defendants reside in St. Mary Parish. They also assert that the conduct and damages of which plaintiffs complain did not occur in St. Mary Parish. At the hearing on the exception, the parties stipulated that Thomas' death occurred in St. Mary Parish. The trial court overruled the exception, and defendants have appealed.
II. ANALYSIS
On appeal, the defendants acknowledge, "This case arises out of the suicide of decedent ...," but they assert that plaintiffs' allegations against them center around the alleged omissions of the school officials while they were in Natchitoches Parish. Accordingly, they contend that venue in St. Mary Parish is improper and the case should be transferred to Natchitoches Parish or, alternatively, to East Baton Rouge Parish pursuant to Louisiana Revised Statutes 13:5104. Plaintiffs argue the trial court correctly ruled that venue was proper in St. Mary Parish as the "parish where the damages were sustained" under Louisiana Code of Civil Procedure article 74.
The defendants in this suit include the state of Louisiana and other state agencies. La. R.S. 13:5102. Louisiana Revised Statutes 13:5104A provides the general rule of venue for suits filed against the state and its agencies:
All suits filed against the state of Louisiana or any state agency may be instituted before the district court of the judicial district in which the state capitol is located or in the dist
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