Ericka Garner v. Redwood Investment Company, Cedarwood Apartments, Simeon Onwuzuligbo, XYZ Applicance Manufacturer, and XYZ Insurance Company ( 2021 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
ERICKA GARNER NO. 2021 CW 1230
VERSUS
REDWOOD INVESTMENT COMPANY,
CEDARWOOD APARTMENTS, SIMEON
ONWUZULIGBO, XYZ APPLIANCE DECEMBER 2. 2021
MANUFACTURER, AND XYZ
INSURANCE COMPANY
In Re: Tyrone Hadley, applying for supervisory writs, 19th
Judicial District Court, Parish of East Baton Rouge,
No. 665843.
BEFORE: McDONALD, LANIER, AND WOLFE, JJ.
WRIT DENIED. The criteria set forth in Herlitz Construction
Co., Inc. v. Hotel Investors of New Iberia, Inc., 396 So. 2d 878La. 1981) ( per curiam), are not met.
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Lanier, J., dissents and would grant the writ application.
A compromise is a contract; therefore, the basic requirement of
consent to contract must be present. Harris v. Union Nat' l Fire
Ins. Co., 2019- 0443 ( La. App. 1st Cir. 1/ 15/ 20), 311 So. 3d 1130,
1137, writ denied, 2020- 00396 ( La. 6/ 3/ 20), 296 So. 3d 1067. Mr.
Hadley and plaintiff, Ms. Garner, entered into a compromise.
One component of the compromise was that Mr. Hadley and Ms.
Garner agreed to settle the litigation with the defendants'
primary insurer. At the hearing, Mr. Hadley introduced his
affidavit, in which he averred that he did not agree to a
settlement at the time the litigation agreement between Ms.
Garner and himself was executed. Since Mr. Hadley" s consent to
settle the case was a prerequisite to entering into the
litigation agreement with Ms. Garner, I find that Mr. Hadley met
his burden of proof to establish that he did not consent to the
litigation agreement and that the district court erred in
denying Mr. Hadley' s " Motion to Strike Litigation Agreement."
COURT OF APPEAL, FIRST CIRCUIT
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