Robin W. Goldsmith and Robin W. Goldsmith, as Trustee of the James B. Goldsmith Children's Trust v. City of Slidell and the State of Louisiana through the Department of Transportation and Development

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

ROBIN W. GOLDSMITH AND ROBIN NO. 2019 CW 1299
W. GOLDSMITH, TRUSTEE OF THE
JAMES B. GOLDSMITH
CHILDREN' S TRUST

VERSUS

THE CITY OF SLIDELL AND THE
STATE OF LOUISIANA THROUGH
THE DEPARTMENT OF
DEC 0 6 2019
TRANSPORTATION AND
DEVELOPMENT

In Re: Textron Systems Marine & Land Systems, a division of

Textron Inc., and Westminster Insurance Company,
applying for supervisory writs, 22nd Judicial District
Court, Parish of St. Tammany, No. 201. 6- 11761.

BEFORE: GUIDRY, WELCH, AND HOLDRIDGE, JJ.

WRIT GRANTED WITH ORDER. The district court' s September
11, 2019 judgment which denied the exceptions of no cause of
action filed by defendants, Textron Systems Marine & Land
Systems, a division of Textron, Inc., and Westminster Insurance
Company, is reversed. The factual allegations forth
set
by
plaintiff are insufficient to allege a breach of the lease
agreement between the parties. The alleged actions of these
defendants did not result in alterations or changes to the
leased premises, defined the
as
by lease, and the
indemnification provision in the lease does not create a cause
of action in favor of plaintiff for an alleged breach by
defendants, but rather provides indemnity for claims from any
injury or damage to persons or property. Moreover, plaintiff

failed to set forth any cause of action other than breach of the
lease as to these defendants. Therefore, the exceptions of no
cause of action are granted, and the claims of plaintiff, Robin
W. Goldsmith, against defendants, Textron Systems Marine & Land
Systems, a division of Textron, Inc., and Westminster Insurance
Company, are dismissed. However, we remand the matter to the
district court with instructions to allow plaintiff the
opportunity to amend her pleadings, if she can, to remove the
grounds of the objection, deemed
within a delay reasonable by
the district court. See La. Code Civ. P. art. 934.

JMG
JEW
GH

COURT OF APPEAL, FIRST CIRCUIT

1

DEPUTY CLERK OF COURT
FOR THE COURT