Derrick Undray Jacobs v. Louisiana Machinery Company, LLC, Command Construction, LLC, AGCS Marine Insurance Company, James N. Lockhart, Baga Transport, Inc., National Interstate Insurance Company and Balvinder S. Wirring ( 2020 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
DESHON MUSE NO. 2019 CW 1641
PAGE 1 OF 2
VERSUS
LOUISIANA MACHINERY COMPANY,
LLC, COMMAND CONSTRUCTION,
LLC, AGCS MARINE INSURANCE
COMPANY, JAMES N. LOCKHART,
GAGA TRANSPORT, INC.,
NATIONAL INTERSTATE INSURANCE
COMPANY AND BALVINDER S.
WIRRING
CONSOLIDATED WITH
JAMES BRADLEY BEDDINGFIELD,
INDIVIDUALLY AND ON BEHALF OF
OAKLEIGH RAYE BEDDINGFIELD
VERSUS
LOUISIANA MACHINERY COMPANY,
LLC, COMMAND CONSTRUCTION,
LLC, AGCS MARINE INSURANCE
COMPANY, JAMES N. LOCKHART,
BAGA TRANSPORT, INC.,
NATIONAL INTERSTATE INSURANCE
COMPANY AND BALVINDER S.
WIRRING
CONSOLIDATED WITH
DERRICK UNDRAY JACOBS
VERSUS
LOUISIANA MACHINERY COMPANY,
LLC, COMMAND CONSTRUCTION,
LLC, AGCS MARINE INSURANCE
COMPANY, JAMES N. LOCKHART,
BAGA TRANSPORT, INC.,
FEBRUARY 27, 2020
NATIONAL INTERSTATE INSURANCE
COMPANY AND BALVINDER S.
WIRRING
In Re: Command Construction Industries, LLC, The Gray
Insurance Company, and James M. Lockhart, applying for
supervisory writs, 21st Judicial District Court,
Parish of Tangipahoa, No. 20170002123 c/ w 20170001930
c/ w 20170001748.
BEFORE: WHIPPLE, C. J., GUIDRY AND BURRIS, 1 JJ.
1 Judge William J. Burris, retired, serving pro tempore by special appointment
of the Louisiana Supreme Court.
STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
NO. 2019 CW 1641
PAGE 2 OF 2
WRIT GRANTED WITH ORDER. The district court' s November 4,
2019 judgment granting the motion to strike jury trial filed by
plaintiffs, Derrick Undray Jacobs, James Bradley Beddingfield,
individually and on behalf of Oakleigh Raye Beddingfield, and
Deshon Muse, and
denying the motion to correct record and
transfer and repast the jury bond filed by defendants, Command
Construction Industries, LLC, The Gray Insurance Company, and
James M. Lockhart, is reversed. Pursuant to La. Code Civ. P.
art. 1734. 1, although there was a clerical error in the docket
number referenced in the cover letter to the clerk regarding the
jury bond, we find the bond was timely paid and received by the
clerk. Further, "[ t] he right of a . litigant to a jury trial is
fundamental in character, and the courts will indulge every
presumption against a waiver, loss, or forfeiture thereof."
Al.kazin v. City of Baton Rouge, 97- 0738 ( La. App. 1st Cir.
11/ 7/ 97), 705 So. 2d 208, 211- 12. Therefore, the plaintiffs'
motion to strike the jury trial is denied, and the motion to
correct the record and transfer and repcst the jury bond filed
by defendants is granted. The district court is ordered to
reinstate a jury trial as requested by defendants, Command
Construction Industries, LSCC, The Gray Insurance Company, and
James M. Lockhart.
VGW
JMG
WJB
COURT OF APPEAL, FIRST CIRCUIT
c
PUTY CLER OF COURT
FOR THE COURT