David Zdenek v. Acme Truck Line, Inc., Benbrook Insurance Agency, Inc., and Edward Veron ( 2020 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
DAVID ZDENEK NO. 2020 CW 1070
VERSUS
ACME TRUCK LINE, INC.,
VENBROOK INSURANCE SERVICES,
LLC, AND EDWARD VERON DECEMBER 30, 2020
In Re: Acme Truck Line, Inc., Edward Veron and Hudson Insurance
Company, applying for supervisory writs, 19th Judicial
District Court, Parish of East Baton Rouge, No. 678507.
BEFORE: GUIDRY, MCCLENDON, AND LANIER, JJ.
WRIT GRANTED WITH ORDER. The trial court' s October 1, 2020
judgment denying relators Acme Truck Line, Inc., Edward Veron,
and Hudson
Insurance Company' s motion to transfer for forum non
conveniens is reversed and the motion is granted. Pursuant to
Louisiana Code of Civil Procedure article 123, for the
convenience of the parties and witnesses and in the interest of
justice, a court may, upon
contradictory motion, transfer a
civil case to another court where it might have been brought.
In this case, the trial court abused its discretion by denying
the relators' motion to transfer for forum non conveniens. The
convenience of the parties and witnesses and the interest of
justice would be served by the
transferring case to Jefferson
Parish. Holland v. Lincoln General Hospital, 2010- 0038 ( La.
10/ 19/ 10), 48 So. 3d 1050. The case is remanded to the trial
court, which is
instructed to transfer the matter to the Twenty -
Fourth Judicial District Court for the Parish of Jefferson.
JMG
PMc
Lanier, J., concurs.
COURT OF APPEAL, FIRST CIRCUIT
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