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See News Release #33 - May 12, 2000

SUPREME COURT OF LOUISIANA NO. 00-CC-0875 MARY G. PUGEAU V. LLOYD J. HEBERT PER CURIAM*
Plaintiff, Mary Pugeau, filed the instant suit in First Parish Court for the Parish of Jefferson against defendants, Lloyd Hebert and his insurer, seeking damages from an automobile accident. On November 17, 1999, plaintiff filed a motion seeking to transfer the case from the parish court to the district court, stating "it has become known through the plaintiff's treatment that as a result of this accident, she has suffered a herniated cervical disc and her damages exceed the jurisdictional limit of this Court." The motion further indicated that defendants did not oppose the transfer. The parish court granted the motion and transferred the matter to the district court on December 15, 1999. The motion was filed on December 27, 1999 and served on defendants on December 31, 1999. On January 6, 2000, within ten days of receiving notice of the transfer, defendants filed a supplemental answer in the district court and requested a jury trial. Plaintiff filed a motion to strike defendants' supplemental answer, on the ground it was filed for the purpose of circumventing the limitations on requesting a jury trial under La. Code Civ. P. art. 1733. After a hearing, the district court granted plaintiff's motion and struck defendants' supplemental answer and request for jury trial. Defendants applied for supervisory writs, which the court of appeal denied. This application followed.
*

Calogero, C.J., not on panel. Rule IV, Part II,

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