Pui Kwan Yuen v. State National Insurance Company, Inc., Riffal, L.L.C. and Geoffrey Scott Hall ( 2023 )

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COURT OF APPEAL, FIRST CIRCUIT
PUI KWAN YUEN NO. 2023 CW 0565
VERSUS
STATE NATIONAL INSURANCE
COMPANY, INC., RIFFAL,
L. L. C. AND GEOFFREY SCOTT
July 27, 2023
HALL
In Re: Pui Kwan Yuen, applying for supervisory writs, 19th
Judicial District Court, Parish of East Baton Rouge,
No. 650- 561.
BEFORE: MCCLENDON, HESTER, AND MILLER, JJ.
WRIT GRANTED. The trial court' s 18,
May 2023 judgment
sustaining the objection raised by the defendants, Dugas
Pest Control of Baton Rouge, Inc., Geoffrey Scott Hall, and
Gemini Insurance Company, and requiring the presence of the
plaintiff, Pui Kwan Yuen, throughout the entirety of the
trial in this matter, is reversed. A party represented
counsel
by
at a
proceeding before the court is not considered
absent for purposes of La. Code Civ. P. art. 1672 ( A) ( 1) .
Comment ( g) to La. Code Civ. P. art. 1672; Dickens v. Com.
Union Ins. Co., 1999- 0698 ( La. App. 1st Cir. 6/ 23/ 00), 762
So. 2d 1193, 1196. Plaintiff advised the trial court that
her attorney will be present
during the trial on this
matter and she will be available for direct and cross-
examination.
Accordingly, the defendants' objection to the
plaintiff' s limited presence at trial is overruled.
PMc
CHH
SMM
COURT OF APPEAL, FIRST CIRCUIT
A .
DEPUTY CLERK OF COURT
FOR THE COURT