2025-CC-00825 Precedential Reversed Processed

David Powell, On Behalf Of Himself And All Others Similarly Situated v. Acadian Ambulance Service, Inc.

Louisiana Supreme Court · Filed October 22, 2025

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Opinion text

Supreme Court of Louisiana
October 22, 2025
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
DAVID POWELL, ON BEHALF OF
HIMSELF AND ALL OTHERS SIMILARLY
SITUATED
VS.
ACADIAN AMBULANCE SERVICE, INC.
No. 2025-CC-00825
_ _
_ _ _ _
I
N RE: Acadian Ambulance Service, Inc. - Applicant Defendant; Applying For
Supervisory Writ, Parish of Calcasieu, 14th Judicial District Court Number(s) C -
2024-3905, Court of Appeal, Third Circuit, Number(s) CW 25-00118;
_ _ _ _ _ _
October 22, 2025
Writ application granted. See per curiam.
Hughes, J., dissents and would deny.
Griffin, J., dissents and would grant and docket.
Cole, J., dissents and would grant and docket.
JBM
JLW
WJC
JMG
10/22/2025 "See News Release 047 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 2025-CC-00825
DAVID POWELL, ON BEHALF OF HIMSELF AND ALL OTHERS
SIMILARLY SITUATED
VS.
ACADIAN AMBULANCE SERVICE, INC.
On Supervisory Writ to the 14th Judicial District Court, Parish of Calcasieu
PER CURIAM
Granted. The alleged wrongful conduct in this case was defendant’s failure
to properly safeguard plaintiff’s personal data. That conduct occurred in Lafayette
Parish, the parish i n which defendant is domiciled and where its data center is
located. Although the damage may have later progressed to plaintiff’s domicile in
Calcasieu Parish, this does not make Calcasieu Parish a proper venue under La. Code
Civ. P. art. 74 .1 See Chambers v. LeBlanc , 598 So.2d 337 (La. 1992)(“[w]hen
damage is caused to the plaintiff in the parish where the wrongful conduct occurred,
then that parish is the parish of proper venue under Article 74, even if the plaintiff is
in the parish of his domicile at the time of t he wrongful conduct or if the damage
progresses in the parish of the plaintiff's domicile.”).
Accordingly, the judgment of the district court is reversed. The exception of
improper venue is granted. The case is remanded to the district court to transfer the
suit to a parish of proper venue pursuant to La. Code Civ. P. art. 121.
1 We further find no factual support for plaintiff’s alternative argument that Calcasieu Parish is a
proper venue under La. Code Civ. P. art. 76.1.