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SUPREME COURT OF LOUISIANA
No. 99-C-1410 VICTOR C. BENWARE Versus JESSE MEANS, JR. AND LLOYDS UNDERWRITERS AT LONDON ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FIRST CIRCUIT, PARISH OF WEST FELICIANA

LEMMON, Justice* This is a legal malpractice action based on the failure of an attorney (Jesse Means, the defendant in the present action) to take any step for five years in the prosecution of an earlier worker's compensation suit he had filed on behalf of his client (the plaintiff in the present action). This failure allegedly resulted in the dismissal of the underlying compensation suit. After plaintiff filed this malpractice action, there were several pre-trial or status conferences and several continuances of trial dates. Eventually, plaintiff's attorney filed a motion for sanctions based on Means's total failure to comply with his obligations imposed by the court for the preparation of the pre-trial order. The trial judge granted the motion and prohibited Means from calling witnesses and offering evidence at the subsequent trial, which resulted in a judgment against Means. The principal issue in this court is whether the trial judge abused his discretion in imposing this harsh sanction under the circumstances of this case.
*

Johnson, J., not on panel.

Rule IV, Part 2,

Download 1999-C-1410 VICTOR C. BENWARE v. JESSE MEANS, JR. AND LLOYDS UNDERWRITERS AT LON

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