Darlene Ward Pellecer, Individually And As The Administrator Of The Estate Of Carlos F. Pellecer, And Cynthia Pellecer Keppler, Linda Pellecer Seward, And Bonnie Pellecer Perez v. Werner Co., A Corporation Of Delaware, Et Al.
Also decided on this docket: La., December 23, 2025; La., October 24, 2025
Darlene Ward Pellecer, Individually And As The Administrator Of The Estate Of Carlos F. Pellecer, And Cynthia Pellecer Keppler, Linda Pellecer Seward, And Bonnie Pellecer Perez v. Werner Co., A Corporation Of Delaware, Et Al., No. 2024-C-01492 (La. Apr. 1, 2025).
Opinion text
Supreme Court of Louisiana
April 01, 2025
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
DARLENE WARD PELLECER,
INDIVIDUALLY AND AS THE
ADMINISTRATOR OF THE ESTATE OF
CARLOS F. PELLECER, AND CYNTHIA
PELLECER KEPPLER, LINDA PELLECER
SEWARD, AND BONNIE PELLECER PEREZ
VS.
WERNER CO., A CORPORATION OF
DELAWARE, ET AL.
No. 2024-C-01492
_ _
_ _ _ _
IN
RE: Werner Co., A Corporation of Delaware - Applicant Defendant; New Werner
Holding Co. - Applicant Defendant; Applying For Writ Of Certiorari, Parish of
Orleans Civil, Civil District Court Number(s) 2020-04936, Court of Appeal, Fourth
Circuit, Number(s) 2023-CA-0694;
_ _ _ _ _ _
April 01, 2025
Writ application granted - see briefing notice and Order.
WJC
JLW
JDH
JBM
PDG
JMG
CRC
04/01/2025 "See News Release 015 for any Concurrences and/or Dissents."
pupreme 6nwl
STATE OF LOUISIANA
fietu (Drleang
CHIEF JUSTICE
JOHN L, WEIMER
JUSTICES
WILLIAM J, CRAIN
JOHN MICHAEL GUIDBY
CAOE N, COLE
JAY B, MCCALLUI\4
JEFFERSON HUGHES
PIPER D, GNIFFIN
First District
Sscond District
Third 0istrict
Fourth 0istrict
Fiflh Oistrict
Seventh Disrricr
VEBONICA O, KOCLANES
CLERK OF COURT
400 RoyalSt., Suit6 4200
NEW ORLEANS, LA 7013O.AI02
TELEPHONE {504) 3r0-2300
HOME PAGE hlrp://www.lasc.org
April0l,2025
2021-C-01192 DARLENE WARD PELLECER. ET AL. VS. WERNER
CO.. A CORPORATION OF DELAWARE. ET AL.
NOTE: FOR BRIEFING PURPOSES WzuT GRANTED April0l,2025
MEMORANDUM TO COUNSEL IN CAPTIONED CASE:
Please be advised that the above-captioned matter will be set for oral argument on this
Court's next available docket. A copy of the official docket with the specific date and time
of oral argument will be mailed out.
Sixrh 0isrrict
Oral argument will be waived if brief is untimely filed. Briefs submitted on legal sized paper
should be fastened at the top. All briefs should be backed with the customary "Blueback" or
other flexible material. In criminal proceedings, the court directs that counsel must file a
brief. Failure to do so may subject counsel to a penalty of contempt of Court.
It is further provided in Rule VII, Section 9 that briefs sent through the mail shall be deemed
timely filed if mailed on or before the due date. If the brief is received by mail on the first
legal day following the expiration of the delay, there shall be a rebuttable presumption that it
was timely filed. In all cases where the presumption does not apply, the timeliness of the
mailing shall be shown only by an official United States postmark or by official receipt or
certificate from the United States Postal Service, or bona fide commercial mail services such
as Federal Express or United Parcel Service, made at the time ofmailing which indicates the
date thereof. Any other date stamp, such as a private commercial mail meter stamp, or label
from an Automated Postal Center, shall not be used to establish timeliness.
Briefs forwarded by private delivery or courier service shall be deemed timely filed onty if
received by the clerk on or before the last day ofthe delay for filing.
Re ards.
1 an Chan
RC:RC
ccs: All Counsel
Hon. D. Nicole Sheppard
Deputl Clerk
Please note Section 8 of Rule VII of the Rules of this Court provides that the anplicant
or relator, as the case mav be. must file their briefs on or before Arrril 28.2025; and
the respondent on or before May 16. 2025.
Hon. Chelsey Richard Napolean
Hon. Justin I. Woods, Clerk
Civil District Court: 2020-04936 - Div:J
Court of Appeal, Fourth Circuit: 2023-CA-0694
SUPREME COURT OF LOUISIANA
No.202,1-C-01492
DARLENE WARD PELLECER,INDIVIDUALLY AND AS THE
ADMINISTRATOR OF THE ESTATE OF CARLOS F. PELLECER, AND
CYNTHIA PELLECER KEPPLER, LINDA PELLECER SEWARD, AND
BONNIE PELLECER PEREZ
VERSUS
WERNER CO., A CORPORATION OF DELAWARE. ET AL.
On Writ of Certiorari and/or Review
Civil District Court, Parish of Orleans Civil, No. 2020-04936;
Court of Appeal, Fourth Circuit, No. 2023-CA-0694.
And, whereas. the Court has this date, pursuant to Article 5. Section 5, of the
Constitution of Louisiana. made and issued the following order. to wit- "lt is
ordered that the writ of revierv issue; that the District Court and the Court of
Appeal send up the record in Duplicate ofthe case; and that counsel for all parties
be notified."
Now. therefore, the said District Court and the Court of Appeal is hereby
commanded, in the name of the State of Louisiana and of this Honorable Couft, to
send up forthwith to this Court. in accordance with Supreme Court Rule l, at the
City of New Orleans, the record in duplicate of the above-entitled case
Witness the Honorable Justices of the
Supreme Court of the State ol Louisiana, on
this l" day of April, in the year of our Lord,
Two Thousand Twenty-Five.
Veronica O. Koclanes
Clerk of Court
Deputy Clerk of Court