Manuel Black and Dorita L. Black v. Trans-Global Solutions, Inc. and XYZ Insurance Company, Shawn Williams, Conrerstone Chemical Company and DEF Insurance Company

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
MANUEL BLACK AND DORITA L. NO. 2023 CW 1287
BLACK
PAGE 1 OF 2
VERSUS
TRANS-GLOBAL SOLUTIONS, INC.
AND XYZ INSURANCE COMPANY,
SHAWN WILLIAMS, CONRERSTONE
CHEMICAL COMPANY AND DEF
INSURANCE COMPANY
CONSOLIDATED WITH
D'MARRIO KENDRICK

VERSUS

TRANS-GLOBAL SOLUTIONS,
INC., SHAWN WILLIAMS,
CONRERSTONE CHEMICAL
COMPANY, XYZ INSURANCE MARCH 22, 2024
COMPANY, DEF INSURANCE
COMPANY

In Re: Cornerstone Chemical Company and Shane Williams,
applying for supervisory writs, 19th Judicial District
Court, Parish of East Baton Rouge, No. 734184 c/w
734219.

BEFORE: McCLENDON, HESTER, AND MILLER, JJ.

WRIT GRANTED WITH ORDER. The portion of the district
court's December 12, 2023 judgment denying the exceptions of
improper venue filed by Defendants, Cornerstone Chemical Company
and Shane Williams, is reversed. Venue is a question of law,
which is reviewed de nova by the appellate court. Elliott v.
Amato and Creely, 2005-0376 (La. App. 1st Cir. 3/29/06), 934
So.2d 779, 781. Plaintiffs may choose any venue available under
the Louisiana Code of Civil Procedure or any other supplementary
venue provided by law that fits the particular circumstances of
their claims. Id. General venue rules are set forth in La.
Code Civ. P. art. 42, which provides a plaintiff shall file his
lawsuit in the parish where the defendant is domiciled. An
action against a foreign corporation licensed to do business in
Louisiana shall be brought in the parish where the company's
principal business establishment is located as designated with
the Secretary of State. La. Code Ci v. P. art. 42. An action
for the recovery of damages for an offense or quasi-offense may
also be brought in the parish where the wrongful conduct
occurred, or in the parish where the damages were sustained.
La. Code Ci v. P. art. 7 4. Based on the evidence presented,
venue is proper in any of the following: Plaquemines Parish
where Shane Williams is domiciled; Rapides Parish where the
principal business establishment of Trans-Global Solutions, Inc.
is located; or Jefferson Parish where the principal business
establishment of Cornerstone Chemical Company is located and
where the alleged accident occurred.

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

NO. 2023 CW 1287

PAGE 2 OF 2

Pursuant to La. Code Civ. P. art. 42 (7), suit against a
"foreign or alien insurer shall be brought in the parish of East
Baton Rouge." Al though Plaintiffs filed suit in East Baton
Rouge Parish based upon naming fictitious foreign insurers in
their petitions, the naming of a fictitious entity in a petition
has no legal effect. See Doe v. Doe, 95-0006 (La. App. 1st Cir.
10/6/95), 671 So. 2d 466, writ denied, 95-2671 (La. 1/12/96), 667
So.2d 523, Templet v. Johns, 417 So.2d 433, 436 (La. App. 1st
Cir.), writ denied, 420 So.2d 981 (La. 1982), Schlumbrecht v.
Executive Officers of Brown and Root, Inc., 371 So.2d 389, 390
(La. App. 4th Cir. 197 9) . Plaintiffs failed to establish that
East Baton Rouge Parish is a proper venue.

Accordingly, Defendants' exceptions of improper venue are
granted and the matter is remanded to the district court for
transfer to a court of proper venue. See Price v. Roy 0. Martin
Lumber Co., 2004-0227 (La. App. 1st Cir. 4/27/05), 915 So.2d
816, 825, writ denied, 2005-1390 (La. 1/27/06), 922 So.2d 543.
The portion of the district court's December 12, 2023 judgment
denying Defendants' exceptions of prescription, is vacated.

PMc
CHH
SMM

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT
FOR THE COURT