David Johnson and Solomon Johnson Versus Sheriff Mike Tregre

DAVID JOHNSON AND SOLOMON JOHNSON NO. 24-C-540

VERSUS FIFTH CIRCUIT

SHERIFF MIKE TREGRE, ET AL. COURT OF APPEAL

STATE OF LOUISIANA

December 04, 2024

Susan Buchholz
Chief Deputy Clerk

IN RE SHERIFF MIKE TREGRE AND OLD REPUBLIC INSURANCE COMPANY

APPLYING FOR SUPERVISORY WRIT FROM THE FORTIETH JUDICIAL DISTRICT COURT, PARISH
OF ST JOHN THE BAPTIST, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE NGHANA LEWIS,
DIVISION "B", NUMBER 78,859

Panel composed of Judges Fredericka Homberg Wicker,
Scott U. Schlegel, and Timothy S. Marcel

WRIT DENIED

In this wrongful death and survival suit arising from an automobile colliding
with an occupied travel trailer, defendants Sheriff Mike Tregre and Old Republic
Insurance Company seek supervisory review of a July 24, 2024 judgment of the
district court denying their second peremptory exception of no cause of action.1

The function of the peremptory exception of no cause of action is to test the
legal sufficiency of the petition, which is done by determining whether the law
affords a remedy on the facts alleged in the pleading. Palowsky v. Campbell, 21-
358 (La. App. 5 Cir. 3/30/22), 337 So.3d 567, 572. In reviewing the judgment of
the district court relating to an exception of no cause of action, appellate courts
conduct a de novo review because the exception raises a question of law and the
lower court's decision is necessarily based solely on the sufficiency of the petition.
Id. At the trial of the exception, the court reviews the petition and accepts the
well-pleaded allegations of fact as true. Id. Whether the plaintiff can prove the
allegations set forth in the petition is not determinative of the exception of no cause

1
See also our prior disposition, 23-C-587.

24-C-540 1

of action. Id. Because the trial of the exception is solely on the face of the
pleadings, the court may not go beyond the petition to the merits of the case. Id.

Upon de novo review, we find that the facts alleged in plaintiffs' first
amended and supplemental petition do set forth a cause of action against
defendants. We find no error in the trial court's judgment denying defendants'
second peremptory exception of no cause of action. This writ is denied.

Gretna, Louisiana, this 4th day of December, 2024.

TSM
FHW
SUS

24-C-540 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 12/04/2024 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-540
E-NOTIFIED
40th District Court (Clerk)
Honorable Nghana Lewis (DISTRICT JUDGE)
Catherine Hilton (Respondent) Jason E. Wilson (Respondent)
Kyle M. Truxillo (Respondent) Jason P. Wixom (Relator)
D. Russell Holwadel (Respondent) Heather E. Reznik (Respondent)

MAILED
Craig E. Frosch (Relator) Patricia P. Wattigny (Respondent) Ron A. Austin (Respondent)
Laura C. Rodrigue (Relator) Attorney at Law Attorney at Law
Blake J. Arcuri (Relator) 3861 Ambassador Caffery Parkway 400 Manhattan Boulevard
Attorneys at Law Suite 300 Harvey, LA 70058
1615 Poydras Street Lafayette, LA 70503
Suite 1250
New Orleans, LA 70112