Camsoft Data Systems, Inc. v. Southern Electronics Supply, Inc.

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

CAMSOFT DATA SYSTEMS, INC. NO. 2026 CW 0728
VERSUS

SOUTHERN ELECTRONICS SUPPLY, AUGUST 24, 2026
INC., AND ACTIVE SOLUTIONS,

LLC

In Re: MMR Constructors, Inc., MMR Group, Inc., and MMR

Offshore Services, Inc., applying for supervisory writs,
19th Judicial District Court, Parish of East Baton
Rouge, No. 582741.

BEFORE : McCLENDON, C.J., HESTER AND MILLER, JJ.

WRIT GRANTED. The district court’s May 1, 2026 judgment which
granted plaintiff’s motion to strike the MMR defendants’ jury
instructions and jury verdict form of comparative fault and to bar
evidence and argument of comparative fault at trial is reversed,
and the motion is denied. Counsel for the parties herein signed
a pretrial order in which defendants listed as a contested issue
of fact, “[w]hether any third-party bears fault”. We find this
was sufficient to place the defense of fault of third parties at
issue for trial. See Boudreaux v. State, Dep't of Transp. & Dev.,
2000-0050 (La. App. Ist Cir. 2/16/01), 780 So.2d 1163, 1166-67,
writ dismissed, 2001-1329 (La. 2/26/02), 815 So.2d 7 (“A defense
asserted in a pre-trial procedure gives fair notice of the nature
of the defense, prevents surprise, and satisfies the duty
established in La. C.C.P. art. 1005 to affirmatively assert the
defense.”)

CHH
SMM

McClendon, C.J., concurs.

“COURT OF APPEAL, FIRST CIRCUIT
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