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IMMEDIATE NEWS RELEASE NEWS RELEASE # 24 FROM: CLERK OF SUPREME COURT OF LOUISIANA The Opinions handed down on the 9th day of April, 2003, are as follows: PER CURIAM: 2002-C- 1496 MICHAEL WILLIAM MCGRAIL, INDIVIDUALLY, AND RAYMOND WINTERS, AS THE TUTOR OF JAMES PHILLIP MCGRAIL AND SANDRA MARIE MCGRAIL, INDIVIDUALLY AND AS THE SURVIVING CHILDREN OF MARGARET ALEXANDRIA WINTERS v. JESSIE R. LEE, MITCHELL TRANSPORTATION SERVICES, INC. AND CLARENDON NATIONAL INSURANCE COMPANY, IN SOLIDO (Parish of Caddo) Upon defendants' application, we granted certiorari in this case. McGrail v. Lee, 2002-1496 (La. 10/4/02), 826 So.2d 1110. After hearing oral arguments and reviewing the record of the matter, we conclude that the judgment below does not require the exercise of our supervisory authority. Accordingly, we recall our order of October 4, 2002, as improvidently granted, and we deny defendants' application. CALOGERO, C.J., dissents and assigns reasons. VICTORY, J., dissents and assigns reasons. WEIMER, J., dissents.

04/09/03 SUPREME COURT OF LOUISIANA NO. 2002-C-1496 MICHAEL WILLIAM MCGRAIL, INDIVIDUALLY, AND RAYMOND WINTERS, AS THE TUTOR OF JAMES PHILLIP MCGRAIL AND SANDRA MARIE MCGRAIL, INDIVIDUALLY AND AS THE SURVIVING CHILDREN OF MARGARET ALEXANDRIA WINTERS VERSUS JESSIE R. LEE, MITCHELL TRANSPORTATION SERVICES, INC. AND CLARENDON NATIONAL INSURANCE COMPANY, IN SOLIDO
On Writ of Certiorari to the Court of Appeal, Second Circuit, Parish of Caddo

Per Curiam Upon defendants' application, we granted certiorari in this case. McGrail v. Lee, 2002-1496 (La. 10/4/02), 826 So.2d 1110. After hearing oral arguments and reviewing the record of the matter, we conclude that the judgment below does not require the exercise of our supervisory authority. Accordingly, we recall our order of October 4, 2002, as improvidently granted, and we deny defendants' application.

04/09/03 SUPREME COURT OF LOUISIANA No. 2002-C-1496 MICHAEL WILLIAM MCGRAIL, INDIVIDUALLY, AND RAYMOND WINTERS, AS THE TUTOR OF JAMES PHILLIP MCGRAIL AND SANDRA MARIE MCGRAIL, INDIVIDUALLY AND AS THE SURVIVING CHILDREN OF MARGARET ALEXANDRIA WINTERS VERSUS JESSIE R. LEE, MITCHELL TRANSPORTATION SERVICES, INC., AND CLARENDON NATIONAL INSURANCE COMPANY, IN SOLIDO ON WRIT OF CERTIORARI TO THE COURT OF APPEAL SECOND CIRCUIT, PARISH OF CADDO CALOGERO, Chief Justice, dissents and assigns reasons. I dissent from the action of the court in recalling the writ. The writ application was granted, the case briefed, oral arguments made, and the case assigned for opinion. At this juncture the case should be decided on its merits.

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SUPREME COURT OF LOUISIANA
No. 2002-C-1496 MICHAEL WILLIAM MCGRAIL, INDIVIDUALLY, AND RAYMOND WINTERS, AS THE TUTOR OF JAMES PHILLIP MCGRAIL AND SANDRA MARIE MCGRAIL, INDIVIDUALLY AND AS THE SURVIVING CHILDREN OF MARGARET ALEXANDRIA WINTERS Versus JESSIE R. LEE, MITCHELL TRANSPORTATION SERVICES, INC., AND CLARENDON NATIONAL INSURANCE COMPANY, IN SOLIDO ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, SECOND CIRCUIT, PARISH OF CADDO VICTORY, J., dissenting In my view the Court should not recall the writ, but should address the amount of the award in this case.



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