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. 2024 CW 0023
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: Trans-Global Solutions, Inc., 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 Defendant, Trans-Global Solutions, Inc.,
is reversed. Venue is a question of law, which is reviewed de
novo 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 Civ. 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. 2024 CW 0023

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 Defendant's exceptions of prescription, is vacated.

PMc
CHH
SMM

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT
FOR THE COURT