Gustave J. Labarre, Jr. v. Occidental Chemical Company

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

GUSTAVE J. LABARRE, JR., ET NO. 2021 CW 1015
AL.

VERSUS

OCCIDENTAL CHEMICAL COMPANY, DECEMBER 20, 2021
ET AL.

In Re: Texas Brine, LLC, applying for supervisory writs, 23rd
Judicial District Court, Parish of Assumption, No.

33796.

BEFORE: HOLDRIDGE, PENZATO, AND HESTER, JJ.

WRIT GRANTED. The burden of proving the facts essential to

support the objection of res judicata is on the party pleading
the objection. If any doubt exists as to the application of res

judicata, the objection must be overruled and the second lawsuit
maintained. Landry V. Town of Livingston Police Dept., 2010- 0673
La. App. lst Cir. 12/ 22/ 10), 54 So. 3d 772, 776. Because the

cornerstone of res judicata is a valid and final judgment, it
was incumbent on Zurich American Insurance Company, Steadfast
Insurance Company, and American Guarantee & Liability Insurance

Company, LLC ( collectively Zurich) to introduce a valid final
judgment into the record. Our review of the trial transcript

shows that neither party offered, filed, or introduced any
evidence into the record at the hearing on Zurich' s exception of
res judicata. Without the final judgment in evidence, Zurich
could not meet its burden of proof on the exception. We
therefore grant this writ application, reverse the trial court' s

July 19, 2021 ruling sustaining Zurich' s exception of res

judicata and deny same.

GH
AHP
CHH

T/ F AP L, FIRST CIRCUIT

DEPUTY KLERK OF COURT
FOR THE COURT