Armond Brown, Jaronet S. Whitaker Versus Kevin D. Thompson, Edward J. Gaidry, Jr. and the Law Office of E. James Gaidry, Jr.

ARMOND BROWN, JARONET S. WHITAKER, NO. 24-C-371
ET AL
FIFTH CIRCUIT
VERSUS
COURT OF APPEAL
KEVIN D. THOMPSON, EDWARD J. GAIDRY,
JR. AND THE LAW OFFICE OF E. JAMES STATE OF LOUISIANA
GAIDRY, JR., ET AL

September 30, 2024

Susan Buchholz
Chief Deputy Clerk

N RE EDWARD JAMES GAIDRY, JR., THE LAW OFFICES OF E. JAMES GAIDRY, JR. AND
CONTINENTAL CASUALTY COMPANY

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT,
PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE
DONALD A. ROWAN, JR., DIVISION "L", NUMBER 805-569

Panel composed of Judges Stephen J. Windhorst,
Scott U. Schlegel, and Timothy S. Marcel

WRIT DENIED

In this legal malpractice case arising from a lawsuit concerning the shooting
and death of Jairon Brown by Michael George Romano, an officer with the Kenner
Police Department, defendants Edward James Gaidry, Jr., the Law Offices of E.
James Gaidry, Jr., and Continental Casualty Company, seek supervisory review of
the trial court's July 22, 2024 judgment granting a partial motion for summary
judgment for plaintiffs, the surviving parents and siblings of decedent, and denying
a partial motion for summary judgment filed by defendants.

The Supreme Court has instructed the appellate courts to exercise
supervisory jurisdiction when (1) an appellate reversal will terminate the litigation,
(2) there is no dispute of fact to be resolved, and (3) the trial court decision is
arguably incorrect. Herlitz Constr. Co. v. Hotel Inv'rs of New Iberia, 396 So. 2d
878 (La. 1981). These factors have not been met in this case. A reversal of the
trial court’s grant of the plaintiffs’ partial summary judgment and denial of
defendants’ partial motion for summary judgment will not terminate the litigation.
Relators have an adequate remedy on appeal. This writ is therefore denied.

Gretna, Louisiana, this 30th day of September, 2024.

TSM
SJW
SUS

SUSAN M. CHEHARDY CURTIS B. PURSELL

CHIEF JUDGE CLERK OF COURT

SUSAN S. BUCHHOLZ
FREDERICKA H. WICKER
CHIEF DEPUTY CLERK
JUDE G. GRAVOIS
MARC E. JOHNSON
STEPHEN J. WINDHORST LINDA M. WISEMAN
JOHN J. MOLAISON, JR.
FIRST DEPUTY CLERK
SCOTT U. SCHLEGEL
TIMOTHY S. MARCEL FIFTH CIRCUIT
MELISSA C. LEDET
JUDGES 101 DERBIGNY STREET (70053)
DIRECTOR OF CENTRAL STAFF
POST OFFICE BOX 489
GRETNA, LOUISIANA 70054 (504) 376-1400

(504) 376-1498 FAX
www.fifthcircuit.org

NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY
I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN
TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS
DAY 09/30/2024 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF
THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY
COUNSEL, AS LISTED BELOW:

24-C-371
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable Donald A. Rowan, Jr. (DISTRICT JUDGE)
Brian G. Shearman (Respondent) David S. Daly (Relator)
Charles V. Cusimano, III (Respondent) Elliot M. Lonker (Relator)
John H. Denenea, Jr. (Respondent)

MAILED
Brandon P. Shearman (Respondent) Kevin D. Thompson (Respondent)
Attorney at Law Attorney at Law
3004 David Drive 7921 Park Avenue
Metairie, LA 70003 Houma, LA 70364