Louisiana Workers' Compensation Corporation v. Sibley Construction Services, Inc. Kyle Sibley ( 2023 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
LOUISIANA WORKERS' NO. 2023 CW 1057
COMPENSATION CORPORATION
VERSUS
SIBLEY CONSTRUCTION DECEMBER 4, 2023
SERVICES, INC. AND KYLE
SIBLEY
In Re: Sibley Construction Services, Inc. and Kyle Sibley,
applying for supervisory writs, 19th Judicial District
Court, Parish of East Baton Rouge, No. 664134.
BEFORE: McCLENDON, HESTER, AND MILLER, JJ.
WRIT GRANTED. The trial court's September 26, 2023 order,
which granted the Second Exception of Vagueness filed by
defendant-in-reconvention, Louisiana Workers' Compensation
Corporation (" LWCC"), cast defendants-in-reconvention, Sibley-
Construction Services, Inc. and Kyle Sibley (" Sibley"), with
costs of this proceeding, and further ordered Sibley to pay
reasonable attorney's fees to LWCC in the amount of five hundred
500) dollars, is reversed. We find the allegations in the
Amended Reconventional Demand, asserting Sibley's claim for
attorney's fees, fairly inform LWCC of the nature of the cause
of action and include sufficient substantial particulars to
enable LWCC to prepare its defense. See La. Code Civ. P. arts.
854, 861, and 891 (A); see also Thomas v. Sonic, 2006-0014 ( La.
App. 1st Cir. 11/3/06), 950 So.2d 822, 824. Accordingly, the
Second Exception of Vagueness is denied.
PMc
CHH
SMM
COURT OF APPEAL, FIRST CIRCUIT
DEPUTY CLERK OF COURT
FOR THE COURT