Darleen Jacobs Levy, Darleen M. Jacobs, a Professional Law Corporation, Home Finders International, Inc. and First Choice Restoration, LLC v. Hard Rock Construction of Louisiana, LLC

DARLEEN JACOBS LEVY, * NO. 2020-C-0459
DARLEEN M. JACOBS, A
PROFESSIONAL LAW * COURT OF APPEAL
CORPORATION, HOME
FINDERS INTERNATIONAL, * FOURTH CIRCUIT
INC. AND FIRST CHOICE
RESTORATION, LLC * STATE OF LOUISIANA

VERSUS *

HARD ROCK *
CONSTRUCTION OF *******
LOUISIANA, LLC

DLD
DYSART, J., CONCURS WITH REASONS

I concur with the majority’s opinion, but write separately to expound on one

of the issues raised by the Relator.

Relator requested this Court to reverse the ruling on its Motion for Summary

Judgment relative to whether business entities may recover damages for mental

anguish and emotional distress. The majority denies the request. However, I feel a

further comment is warranted.

The majority relies on the fact that the business entity plaintiffs have not

claimed damages for any mental anguish or emotional distress in the three petitions

filed to date. However, I note that in answers to interrogatories and in deposition

testimony, Ms. Levy, as the sole member of each of the business entities, has stated

that she seeks those damages on behalf of the business entities.

As corporate representative of Home Finders International, Ms. Levy was

asked: “Is Home Finders International making a claim for loss of business

opportunities in this lawsuit?” She responded: “I’m sure that they did have loss of

business, what I told you. … For a monetary amount, no, but that’s all part of the

aggravation and not being able to conduct their business.”

Similarly, with regard to First Choice Restoration, the following colloquy

ensued:

Q. Is First Choice Restoration making a claim for lost business income?
A. No.
Q. Lost business opportunity?
A. Yeah, I think yes.
Q. Is that an element of the mental anguish and aggravation?
A. Absolutely. Yeah.

In Interrogatories propounded to Ms. Levy’s law corporation, the following

question was asked, ”[P]lease list all damages that Darleen Jacobs Levy, A

Professional Law Corporation sustained as a result of the telephone and/or fax line

problems that are at issue in this litigation.” Ms. Levy responded as one item of

damage: “Emotional stress and strain, aggravation and mental anguish due to not

being able to communicate.”

Despite the fact that those elements of damage are not specifically listed in

the petitions, it is clear to this writer that Ms. Levy seeks damages for the three

business entities of which she is a sole member/partner, for mental anguish and

emotional distress.

Jurisprudence holds that business entities cannot recover such damages.

Thus, I concur to make that point clear.