Law Industries, LLC v. State of Louisiana, Department of Education, Recovery School District and Advanced Environmental Consulting, Inc.

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

LAW INDUSTRIES, LLC NO. 2020 CW 0593

VERSUS

STATE OF LOUISIANA,
DEPARTMENT OF EDUCATION,
RECOVERY SCHOOL DISTRICT AND
ADVANCED ENVIRONMENTAL
SEPTEMBER 4, 2020
CONSULTING, INC.

In Re: V. Keller & Associates, Inc., applying for supervisory
writs, 19th Judicial District Court, Parish of East
Baton Rouge, No. 676894.

BEFORE: WHIPPLE, C.J., HIGGINBOTHAM, THERIOT, PENZATO, AND
LANIER, JJ.

WRIT GRANTED WITH ORDER. The trial court's March 12, 2020
judgment denying the exception of no cause of action filed by V.
Keeler & Associates, Inc. is reversed. A claim of implied or
tort indemnity arises only when the fault of the person seeking
indemnification is solely constructive or derivative and may
only be had against one who, because of his act, has caused such
constructive liability to be imposed. A party who is actually
negligent or at fault cannot recover tort indemnity. See Hamway
v. Braud, 2001-2364 ( La. App. 1st Cir. 11/8/02), 838 So.2d 803,
8 0 6. Advanced Environmental Consulting, LLC did not make the
necessary allegations in the instant case to support its cause
of action for tort indemnity against V. Keeler & Associates,
Inc. Accordingly, the exception of no cause of action filed by
V. Keeler & Associates, Inc. is granted, and the claims of
Advanced Environmental Consulting, LLC against V. Keeler &
Associates, Inc. are dismissed. However, we remand this matter
to the district court with instructions to allow Advanced
Environmental Consulting, LLC the opportunity to amend its
pleadings, if it can, to remove the grounds of the objection
within a delay deemed reasonable by the district court. See La.
Code Civ. P. art. 934.

VGW
TMH
AHP

Theriot and Lanier, JJ., dissent and would deny the writ.

COURT OF APPEAL, FIRST CIRCUIT

EPUTY CLERK OF OURT
FOR THE COURT