Harold Pierite And Heather Pierite v. Four Towers Transportation, Inc., Et Al. C/w Daneijah Smith Vs. Four Towers Transportation, Inc., Et Al.

Supreme Court of Louisiana
August 11, 2021
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
HAROLD PIERITE AND HEATHER PIERITE
VS.
FOUR TOWERS TRANSPORTATION, INC., ET
AL.
C/W
DANEIJAH
SMITH
VS.
FOUR TOWERS TRANSPORTATION, INC., ET
AL.
No.2021-CC-01105
_ _ _ _ _ _
IN RE: F
our Towers Transportation, Inc. - Applicant Defendant; Starr Indemnity &
Liability Insurance Company - Applicant Other; Applying For Supervisory Writ,
Parish of Avoyelles, 12th Judicial District Court Number(s) 2018-5865-A, Court of
Appeal, Third Circuit, Number(s) CW 21-00159;
_ _ _ _ _ _
August 11, 2021
Writ application granted. See per curiam.
PDG
JLW
JTG
WJC
JBM
08/11/2021 "See News Release 035 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 2021-CC-01105
HAROLD PIERITE AND HEATHER PIERITE
VS.
FOUR TOWERS TRANSPORTATION, INC., ET AL.
C/W
DANEIJAH SMITH
VS.
FOUR TOWERS TRANSPORTATION, INC., ET AL.
On Supervisory Writ to the 12th Judicial District Court, Parish of Avoyelles
PER CURIAM
Our jurisprudence has long recognized that “the right of a litigant to jury trial
is fundamental in character and the courts will indulge every presumption against a
waiver, loss or forfeiture thereof.” Champagne v. American Southern Ins. Co., 295
So. 2d 437, 439 (La. 1974).
In this case, relators filed their jury deposit within ten days of the date another
party failed to make a timely deposit. Relator’s jury deposit is therefore timely. See
La. Code Civ. P. art. 1734.1; Willeby v. JE Merit Constructors, Inc ., 04-2421 (La.
App. 1 Cir. 6/10/05), 917 So. 2d 21. We find Plauche v. Liberty Mut. Ins. Co., 2011-
1288 (La. App. 3 Cir. 5/16/12), 89 So. 3d 521, writ denied, 2012-1365 (La. 10/8/12),
98 So. 3d 854, distinguishable from the matter sub judice.
Accordingly, the writ is granted. The judgment of the district court is
reversed, and the jury trial is reinstated. The case is remanded to the district court
for further proceedings.
08/11/2021