Robert Rock v. Irpino Law Firm, LLC., Bobby Hawkins, and ABC Insurance Company

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

ROBERT ROCK NO. 2021 CW 0071

VERSUS

IRPINO LAW FIRM, LLC., BOBBY APRIL 22, 2021
HAWKINS, AND ABC INSURANCE
COMPANY

In Re: Robert Rock, applying for writs, 19th
supervisory
Judicial District Court, Parish of East Baton Rouge,
No. 692849.

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

WRIT GRANTED. The trial court' s December 30, 2020 judgment
denying the plaintiff' s motion for new trial seeking
reconsideration of the trial court' s judgment the
granting
declinatory exception of improper venue filed by the defendants,
Irpino Law Firm, LLC and
Bobby Hawkins, and
transferring this
action to Orleans Parish is reversed. The plaintiff, in his
first supplemental and
amending petition, named Continental
Casualty Company ( hereinafter " Continental"), the alleged

professional liability insurance carrier of Irpino Law Firm, LLC
and Bobby Hawkins, as a party defendant. The plaintiff further
alleged venue is proper in East Baton Rouge Parish pursuant to
La. Code Civ. P. art. 42( 7) because Continental is a foreign
insurer. The allegations contained in the plaintiff' s first
supplemental and filed
amending petition, prior to the trial
court' s judgment granting defendants' exception of improper
venue, establish that venue is proper in this action in East
Baton Rouge Parish. See MB Indus., LLC v. CNA Ins. Co., 2006-
1084 ( La. App. 1st Cir. 3/ 23/ 07), 960 So. 2d 144, writs denied,
2007- 1186, 2007- 1191, 2007- 1217 ( La. 9/ 21/ 07), 964 So. 2d 335,
337, 340. Accordingly, the trial court' s judgment granting the
defendants' exception of improper venue is reversed, and the
exception of improper venue is denied.

VGW
JEW
WRC

COURT OF APPEAL, FIRST CIRCUIT
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E* UTY RK OF COUR
FOR THE COURT