No. 7848 Precedential Processed

Dickson v. State Farm Insurance Agency

Louisiana Court of Appeal, First Circuit · Filed May 30, 1980 · 392 So. 2d 1073

Also decided on this docket: La. Ct. App. 1st Cir., October 31, 1952 61 So. 2d 523; La. Ct. App. 1st Cir., June 28, 1920 3 Pelt. 545; La., December 15, 1881 33 La. Ann. 1346

Opinion text

CUTRER, Judge. Having considered the present posture of the instant suit this court concludes that the third party plaintiffs are entitled to have their third party demand against Continental Casualty Insurance (Lafayette Parish School Board insurer) tried by the jury along with the jury trial on the plaintiff’s principal demand. The third party plaintiffs are not entitled to a jury trial of their confirmations of default against Venetian Manufacturing and Sales Corporation. Also, the third party plaintiffs are not entitled to a jury trial against the Lafayette Parish School Board. If the School Board should waive its right to a non-jury trial, however, then the third party demands against the School Board would be tried before the jury along with the trial of the principal demand. Accordingly, it is so ordered.