CA-0017-0667 Nonprecedential Remanded with instructions Processed

Cory Mouton v. Aaa Cooper Transportation

Louisiana Court of Appeal, Third Circuit · Filed January 10, 2018

Also decided on this docket: La. Ct. App. 3d Cir., September 12, 2018

Opinion text

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT

17-667 c/w 17-666

CORY MOUTON
VERSUS

AAA COOPER TRANSPORTATION,
ET AL.

CONSOLIDATED WITH
LINDA MOUTON
VERSUS

AAA COOPER TRANSPORTATION,
ET AL.

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APPEAL FROM THE
FIFTEENTH JUDICIAL DISTRICT COURT
PARISH OF LAFAYETTE, NO. 2015-0466 C/W 2015-0463, DIV. F
HONORABLE DAVID M. SMITH, DISTRICT JUDGE

Se FAs oss 2s oie se aie

VAN H. KYZAR

JUDGE

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Court composed of John E. Conery, Van H. Kyzar, and Candyce G. Perret, Judges.

APPEAL SUSPENDED.
REMANDED WITH INSTRUCTIONS.

David C. Laborde
Jeff D. Easley
Laborde Earles Law Firm, LLC
Post Office Box 80098
Lafayette, Louisiana 70598-0098
Counsel for Plaintiffs/Appellees:
Linda Mouton and Corey Mouton

p. 2

S. Daniel Meeks

Nicholas J. Lorusso

Phyllis E. Glazer

Kristen E. Meeks

Meeks & Associates, LLC

3401 West Esplanade Avenue, South

Suite 3

Metairie, Louisiana 70002

Counsel for Defendants/Appellants:
AAA Cooper Transportation, Inc.; Arthur Huguley; and Ace American Insurance
Company

p. 3

KYZAR, Judge.

For the reasons set forth in the companion and consolidated case hereto,
Mouton v. AAA Cooper Transp., 17-666 (La.App.3 Cir. / /_),_ So.3d__,
this court will not exercise its supervisory Jurisdiction but will suspend the appeal
and remand this matter to the trial court with instructions to sign a judgment
containing proper decretal language, including the names of the parties against
whom the judgment is rendered (with a specification of the percentages of fault as
assessed by the jury) and a specification of the increase in the award of general
damages in the survival action (with a specification of the other damages awarded
by the jury).’ The Clerk of Court for the Fifteenth Judicial District Court shall
forward the judgments so signed to this Court as a supplement to this appellate
record.

APPEAL SUSPENDED. REMANDED WITH INSTRUCTIONS.

' The judgment should continue to contain the ruling on subrogation and the award of
interest as set forth in the original October 31, 2016 judgment, and the taxing of costs for expert
fees.