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

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

GUSTAVE J. LABARRE, JR., ET NO. 2021 CW 1519
AL.

VERSUS

OCCIDENTAL CHEMICAL COMPANY, FEBRUARY 14, 2022
ET AL.

In Re: Texas Brine Company, LLC applying for supervisory
writs, 23rd Judicial District Court, Parish of

Assumption, No. 33796.

BEFORE: WELCH, THERIOT, 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. 1st Cir. 12/ 22/ 10), 54 So. 3d 772, 776. As the parties
who filed the exception, it was incumbent on National Union Fire
Insurance Company of Pittsburg, Pa and AIG Specialty Insurance

Company ( collectively, National) to introduce evidence to
support the exception. Our review of the trial transcript shows
that neither National nor Texas Brine Company, LLC offered,

filed, or introduced any evidence into the record at the hearing
on National' s exception of res judicata. Without evidence,

National could not meet its burden of proof on the exception.

We, therefore, grant this writ application, reverse the trial
court' s July 16, 2021 ruling sustaining National' s exception of

res judicata, and deny same.

JEW
MRT
CHH

COURT OF APPEAL, FIRST CIRCUIT

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6a w bEPUTY-- CLtR`K OF COURT
FOR THE COURT