Ethan A. Miller v. Kevin B. Dice

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
ETHAN A. MILLER
NO. 2021 CW 0056
VERSUS
MAY 28, 2021
KEVIN B. DICE

In Re: Kevin B. Dice, applying for supervisory writs, 17th
Judicial District Court, Parish of Lafourche, No.
140908.

BEFORE: WHIPPLE, C.J., McCLENDON, WELCH, CHUTZ AND LANIER, JJ.

WRIT GRANTED. The district court's October 5, 2020
judgment on "Kevin B. Dice' s Declinatory Exception of Improper
Venue" is hereby reversed. An action for the recovery of
damages for an offense or quasi-offense may be brought in the
parish where the wrongful conduct occurred or in the parish
where the damages were sustained. La. Code Civ. P. art. 74. In
cases in which damage is caused to the plaintiff in the parish
where the wrongful conduct occurred, that parish is the parish
of proper venue under Article 74. Chambers v. LeBlanc, 598
So.2d 337 (La. 1992) (per curiam); Belser v. St. Paul Fire &
Marine Ins. Co., 509 So.2d 12, 18-19 (La. App. 1st Cir. 1987).
Herein, the evidence presented at the trial on the exception
established that Texas is where the wrongful conduct occurred
and where the damage to Plaintiff's reputation was sustained.
The petition does not establish any other basis for venue in
Lafourche Parish or any other parish in Louisiana. Accordingly,
"Kevin B. Dice' s Declinatory Exception of Improper Venue" is
granted, and the petition for damages filed by Plaintiff, Ethan
A. Miller, is dismissed without prejudice.

PMc
JEW
WRC
WIL

Whipple, C.J., dissents and would deny the writ
application. Pursuant to La. Code Ci v. P. art. 7 4, an action
for the recovery of damages for an offense or quasi-offense may
be brought in the parish where the wrongful conduct occurred or
in the parish where the damages were sustained. The majority
correctly acknowledges that in cases in which damage is caused
to the plaintiff in the same parish where the wrongful conduct
occurred, courts have declared that parish is the parish of
proper venue under La. Code Ci v. P. art. 7 4. Accordingly, I
respectfully disagree with the majority's finding that Lafourche
Parish is not a proper venue. Plaintiff successfully
demonstrated at the trial on the exception of improper venue
that the damage to his reputation was sustained in Lafourche
Parish. Thus, I respectfully dissent. As the trial court
correctly found, venue was proper in Lafourche Parish as the
parish where Plaintiff's damages were sustained pursuant to La.
Code Civ. P. art. 74.

DEPUTY CLERK OF COURT
FOR THE COURT