Daryl Gaudin v. Asplundh Tree Expert Co., Donald Williams, Lloyd Montgomery, and Liberty Mutual Fire Insurance Company ( 2020 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
DARYL GAUDIN NO. 2020 CW 0029
VERSUS
ASPLUNDH ' TREE EXPERT CO.,
DONALD WILLIAMS, LLOYD
MONTGOMERY, AND LIBERTY
MUTUAL FIRE INSURANCE
MAY 12 2020
COMPANY
In Re: Donald Williams, Lloyd Montgomery, Asplundh Tree
Expert Co. and Liberty Mutual Fire Insurance Company,
applying for supervisory writs, 19th Judicial District
Court, Parish of East Baton Rouge, No. 655451.
BEFORE: McDONALD, McCLENDON, WELCH, HOLDRIDGE, AND CHUTZ, JJ.
WRIT GRANTED. The district court' s December 19, 2019
judgment granting the " Motion to Determine What `` Damages' are
Included in Louisiana Revised Statute 9: 2798. 4" filed by
plaintiff, Daryl Gaudin, is hereby reversed. " When a law is
clear and unambiguous and its application does not lead to
absurd consequences, the law shall be applied as written, and no
further interpretation may be made in search of the intent of
the legislature." Allen v. Allen, 2013- 2778 ( La. 5/ 7/ 14), 145
So. 3d 341, 346, citing La. Civ. Code art. 9. When its words are
given their generally prevai- ing meaning, the language of La.
R. S. 9: 2798. 4 demonstrates that the statute was intended to
preclude the recovery of all damages, both general and special.
This is consistent with the broad purpose of La. R. S. 9: 2798. 4.
See Townes v. Liberty Mut. Ins. Co., 2009- 2110 ( La. 1st
App.
Cir. 5/ 7/ 10), 41 So. 3d 520, 527- 28. As such, the writ
application is granted, and the " Motion to Determine What
Damages' are Included in Louisiana Revised Statute 9: 2798. 4"
filed by plaintiff, Daryl Gaudin, is denied.
JMM
PMC
JEW
Holdridge and Chutz, JJ., dissent and would deny the writ.
COURT OF APPEAL, FIRST CIRCUIT
DEPUTY CL RK OF COURT
FOR THE COURT