Wurth-Plus, LLC Versus Lakeshore Chrysler Dodge Jeep, Inc. and Fca US LLC

WURTH-PLUS, LLC NO. 24-C-381

VERSUS FIFTH CIRCUIT

LAKESHORE CHRYSLER DODGE JEEP, INC. COURT OF APPEAL
AND FCA US LLC
STATE OF LOUISIANA

September 03, 2024

Linda Wiseman
First Deputy Clerk

IN RE LAKESHORE CHRYSLER DODGE JEEP, INC. AND FCA US LLC

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT,
PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE STEPHEN D.
ENRIGHT, JR., DIVISION "N", NUMBER 849-424

Panel composed of Judges Jude G. Gravois,
Marc E. Johnson, and Timothy S. Marcel

WRIT DENIED

Relators, Lakeshore Chrysler Dodge Jeep, Inc. and FCA US, LLC,
defendants in an action for redhibition stemming from a purportedly defective
automobile, seek supervisory review of the trial court's denial of their declinatory
exception of improper venue.

Venue is a question of law, which is reviewed de novo by the appellate
court. Seghers v. LaPlace Equip. Co., Inc., 13-350 (La. App. 5 Cir. 2/12/14), 136
So.3d 64. For purposes of a venue exception, the allegations of the plaintiff's
petition are taken as true; however, when evidence is offered at a trial on the
exception, the court is not bound to accept the allegations of the petition as true.
Louisiana Mach. Co., L.L.C. v. Don Bihm Equip. Co., Inc., 22-471 (La. App. 5 Cir.
11/17/22) (unpublished writ disposition). Once venue is determined to be proper
on allegations or facts developed at trial of the exception of improper venue, venue
does not become improper by reason of a later change of facts or establishment of
different facts. Prokop v. Mack Trucks, Inc., 96-608 (La. App. 5 Cir. 12/30/96),
694 So.2d 387, 390. La. C.C.P. art. 74 provides, in pertinent part: “An action for
the recovery of damages for an offense or quasi offense may be brought in the
parish where the wrongful conduct occurred, or in the parish where the damages
were sustained.” (Emphasis added.)

On de novo review, we find no error in the trial court’s judgment overruling
defendants’ exception. Plaintiff specifically alleged in its petition that it “sustained
damages in Jefferson Parish due to loss of use of the vehicle for business
purposes,” and thus, “venue in Jefferson Parish is proper as it is the Parish where
damages were sustained.” There’s no indication that relators offered any evidence

1

at the trial on the exception to contest this alleged fact or in support of their claim
that venue is not proper in Jefferson Parish. Accordingly, this writ is denied.1

Gretna, Louisiana, this 3rd day of September, 2024.

TSM
JGG
MEJ

1
In addition, we note with opprobrium counsel for relator’s multiple misrepresentations of the Fourth Circuit’s
holding in Lewis v. Marshall Bros. Lincoln-Mercury, Inc., 04-0507 (La. App. 4 Cir. 5/19/04), 876 So.2d 142, as
being from the Louisiana Supreme Court. Although these errors may have been unintentional, we note that legal
argument based on knowingly false representation of law constitutes dishonesty toward the tribunal. See La. Rules
of Professional Conduct 3.3.
2

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 09/03/2024 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-381
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable Stephen D. Enright, Jr. (DISTRICT JUDGE)
William F. Bologna (Relator)
Gerald A. Melchiode (Respondent)
Dwight L. Acomb (Relator)

MAILED