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Date: 12-11-2024

Case Style:

Jeffrey Wrights v. John Doe, et al.

Case Number: 268,679

Judge: Monique Freeman Rauls

Court: District Court, Rapides Parish, Louisiana

Plaintiff's Attorney:


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Defendant's Attorney: Russell L. Potter

Description:


Alexandria, Louisiana personal injury lawyer represented the Plaintiff on a negligence claim.



Mr. Wright filed suit on August 6, 2020, and filed a Supplemental and Amending Petition for Damages thereafter against Beauford Enterprises, LLC, Troy Raymond Beauford, Yankee Clipper, Bennie Sauseda, and Florists' Mutual Insurance Company, Defendants. Mr. Wright alleged that he sustained personal injuries in an accident on August 20, 2019, when a bobcat heavy equipment vehicle struck Mr. Wright's vehicle.

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On September 12, 2023, Defendants filed an Ex Parte Motion to Dismiss pursuant to La.Code Civ.P. art. 804, which alleged that no legal successor had come forward to be substituted as a plaintiff and that it had been more than sixty days since the first notice of the summons was published. In their memorandum, Defendants asserted that they were unaware of Mr. Wright's legal successors, but admit they received a child support lien notice from the State of California. Defendants asserted that notices pursuant to La.Code Civ.P. art. 803(C) were issued in Rapides Parish, the parish where the case is pending, and in Avoyelles Parish, the parish of Mr. Wright's domicile. Defendants attached exhibits evidencing the published notices as well as Mr. Wright's answers to interrogatories and requests for production in which he provided his full name, birthday, his marital status ("Not married"), and a copy of his driver's license. Additionally, the exhibits included a Rapides Parish Coroner's report indicating Jeffrey Dale Wright, bom January 20, 1970, died on March 3, 2022.

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PROCEDURAL LAW. DISMISSAL OF ACTION. The appeal addresses the trial court's Ex Parte Motion to Dismiss, which was overturned due to improper procedures in summoning the legal successor according to the Louisiana Code of Civil Procedure, rendering the dismissal of the case invalid.

SUCCESSION LAW. SUBSTITUTION OF PARTIES. The case explores whether the procedures for substitution of a deceased party's legal successor were properly followed, focusing on the deficiencies in the summons required by law, which affected the validity of subsequent court decisions.

Key Phrases Ex Parte Motion to Dismiss. Legal Successors. Summons Publication. Voluntary Substitution. Legal Effectiveness of Summons.

Outcome: Reversed.

Plaintiff's Experts:

Defendant's Experts:

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