Kensey Jones v. The Kansas City Southern Railway Company and ABC Insurance Company I

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

KENSEY JONES NO. 2025 CW 0605
VERSUS
THE KANSAS CITY SOUTHERN AUGUST 22, 2025

RATLWAY COMPANY AND ABC
INSURANCE COMPANY I

In Re: The Kansas City Southern Railway Company, applying for
‘ supervisory writs, 19th Judicial District Court, Parish
of East Baton Rouge, No. 737591.

BEFORE: THERIOT, PENZATO, AND BALFOUR, Jd.
WRIT DENIED.

MRT
KEB

Penzato, J., dissents. I find the trial court abused its
discretion in holding that defendant, The Kansas City Southern
Railway Company, “acquiesced” to this case remaining in East Baton
Rouge Parish. Although defendant cooperated with discovery and
pretrial matters in accordance with the orders of the district
court, it filed this motion within a reasonable time after other
exceptions were ruled upon and after obtaining discovery regarding
plaintiff’s domicile, a factor to be considered in an analysis of

forum non conveniens. There is no dispute the parties and
witnesses are located and/or work in or near Caddo Parish, and
this incident happened in Caddo Parish. The convenience of the

parties and witnesses, as well as the interest of justice, require
this case to be heard in the First Judicial District Court for the
Parish of Caddo. See La. Code Civ. P. art. 123; see also Holland
v. Lincoln General Hospital, 2010-0038 (La. 10/19/10), 48 So.3d
1050. I would grant the writ, grant the Motion to Transfer Pursuant
to Forum Non Conveniens filed by defendant and remand this matter
with instructions to transfer the matter to the First Judicial
District Court for the Parish of Caddo.

COURT OF APPEAL, FIRST CIRCUIT

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“SSRPUTY CLERK OF COURT
FOR THE COURT