No. 98-C-1413 Precedential Processed

Gowland v. State

Louisiana Court of Appeal, First Circuit · Filed June 24, 1998 · 716 So. 2d 909

Also decided on this docket: La., October 16, 1998 726 So. 2d 904

Cited by

Munster v. Bill Watson Ford, Inc. 970 So. 2d 36 La. Ct. App. 4th Cir. 2007

Authorities cited

Identified automatically; this list may not be exhaustive.

Walker v. Schwegmann Giant Supermarkets 671 So. 2d 983

Opinion text

| iMURRAY, Judge, concurring with reasons. Considering that the plaintiffs objected only to the State’s jury demand, rather than to the Amended Answer, I find the denial of leave to amend was an abuse of discretion under the factors set forth in Walker v. Schwegmann Giant Supermarkets, Inc., 95-1934 (La.App. 4th Cir.3/14/96), 671 So.2d 983 . However, because the trial court is required to quantify the fault of all alleged tortfeasors in rendering judgment after trial, see La. Civ.Code Ann. art. 2323; La.Code Civ. Proc. Ann. art.1917, the State has not shown that it will be prejudiced by this denial. Accordingly, I concur in the affirmance of the ruling below.