Ramon Rodriguez Versus Nola Motor Club, L.L.C. and New York Marine & General Insurance Company ( 2020 )

RAMON RODRIGUEZ NO. 19-CA-447 VERSUS FIFTH CIRCUIT NOLA MOTOR CLUB, L.L.C. AND NEW COURT OF APPEAL YORK MARINE & GENERAL INSURANCE COMPANY STATE OF LOUISIANA November 12, 2020 Susan Buchholz First Deputy Clerk ON APPLICATION FOR REHEARING Panel composed of Fredericka Homberg Wicker, Stephen J. Windhorst, and Hans J. Liljeberg DENIED WITHOUT REASONS SJW HJL WICKER, J., DISSENTS WITH REASONS FHW RAMON RODRIGUEZ NO. 19-CA-447 VERSUS FIFTH CIRCUIT NOLA MOTOR CLUB, L.L.C. AND NEW COURT OF APPEAL YORK MARINE & GENERAL INSURANCE COMPANY STATE OF LOUISIANA WICKER, J., DISSENTS WITH REASONS For the reasons fully stated in my dissent, I would grant appellant’s motion for rehearing and reverse our original decision in this matter. SUSAN M. CHEHARDY CURTIS B. PURSELL CHIEF JUDGE CLERK OF COURT MARY E. LEGNON FREDERICKA H. WICKER CHIEF DEPUTY CLERK JUDE G. GRAVOIS MARC E. JOHNSON ROBERT A. CHAISSON SUSAN BUCHHOLZ STEPHEN J. WINDHORST FIRST DEPUTY CLERK HANS J. LILJEBERG JOHN J. MOLAISON, JR. FIFTH CIRCUIT MELISSA C. LEDET JUDGES 101 DERBIGNY STREET (70053) DIRECTOR OF CENTRAL STAFF POST OFFICE BOX 489 GRETNA, LOUISIANA 70054 (504) 376-1400 (504) 376-1498 FAX www.fifthcircuit.org NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS DAY 11/12/2020 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY COUNSEL, AS LISTED BELOW: 19-CA-447 E-NOTIFIED Office of Workers' Compensation, District 7 (Clerk) Hon. Shannon Bruno Bishop (District Judge) Ana Mafalda Morgado Rodrigues (Appellant) Robert J. May (Appellee) MAILED J. Casey Cowley (Appellant) Pamela C. McLendon (Appellant) Robert W. Goeke (Appellant) Attorneys at Law 620 North Carrollton Avenue New Orleans, LA 70119