Robert Lapoint v. Commerce & Industry Insurance Company And Stephens Tps, Inc.

Supreme Court of Louisiana
November 23, 2021
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
ROBERT LAPOINT
VS.
COMMERCE & INDUSTRY INSURANCE
COMPANY AND STEPHENS TPS, INC.
No. 2021-C-00995
_ _ _ _
_ _
IN R
E: Commerce & Industry Insurance Company - Applicant Defendant; Stephens
TPS, In c. - Applicant Defendant; Applying For Writ Of Certiorari, Parish of
Calcasieu, Office of Workers' Compensation, District 3 Number(s) 13- 6349, 15 -
2726, 17-1901, Court of Appeal, Third Circuit, Number(s) 20-388;
_ _ _ _ _ _
November 23, 2021
Writ application granted. See per curiam.
Hughes, J., dissents.
Genovese, J., dissents.
Griffin, J., dissents.
JBM
JLW
SJC
WJC
11/23/2021 "See News Release 046 for any Concurrences and/or Dissents."

S
UPREME COURT OF LOUISIANA
No
. 2021-C-00995
R
OBERT LAPOINT
VS.
COMMERCE & INDUSTRY INSURANCE COMPANY AND STEPHENS
TPS, INC.
O
n Writ of Certiorari to the Court of Appeal, Third Circuit, Office of Workers'
Compensation, District 3
PE
R CURIAM
Wri
t granted. “The doctrine of res judicata is stricti juris; any doubt
concerning application of the principle of res judicata must be resolved against its
application.” Kelty v. Brumfield, 93-1142 (La. 2/25/94), 633 So. 2d 1210, 1215. The
party urging res judicata must establish all elements of La. R.S. 13:4231 “beyond all
question.” Id. Because the Georgia court’s jurisdiction extended to workers’
compensation claims that arose from payments made under Georgia’s workers’
compensation law only, the Georgia court lacked jurisdiction to adjudicate Stephens’
and CII’s reimbursement claims for benefits paid under the LWCA. Thus, the
Georgia court judgment does not have preclusive effect and is not res judicata to the
claims at issue here. Accordingly, the court of appeal judgment is vacated, and the
matter is remanded for the court of appeal to consider any assignments of error raised
on appeal by Robert Lapoint.
1
COURT OF APPEAL JUDGMENT VACATED AND REMANDED
1 Due to the death of Robert Lapoint on July 28, 2021, this c ourt issued an order on August 10, 2021,
substituting his daughters, Katelyn Lapoint, Ashlyn Lapoint and Chelsea Lapoint as party plaintiffs
in the above entitled and numbered cause of action pursuant to Louisiana Civil Code Article 2315.1.
11/23/2021