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FOR IMMEDIATE NEWS RELEASE

NEWS RELEASE # 9


FROM: CLERK OF SUPREME COURT OF LOUISIANA

The Opinions handed down on the 22nd day of February, 2006, are as follows:

BY WEIMER, J.:


2005-CA-0765
JERRY AND JANNIE BEAUCLAIRE v. MARJORIES GREENHOUSE, ET AL. (Parish of
Avoyelles)
For the foregoing reasons, we hold LSA-R.S. 13:5105(D) is
constitutional. The judgment of the trial court is reversed and the
matter is remanded to district court for further proceedings consistent
with this opinion.
REVERSED.

02/22/2006

SUPREME COURT OF LOUISIANA
No. 2005-CA-0765
JERRY AND JANNIE BEAUCLAIRE
VERSUS
MARJORIES GREENHOUSE, ET AL.


On Appeal from the Twelfth Judicial District Court
for the Parish of Avoyelles
Honorable Mark A. Jeansonne, Judge


WEIMER, Justice
1
This case is before us on direct appeal from a district court judgmentdeclaring LSA-R.S. 13:5105(D), which grants a political subdivision the right to waive the prohibition against a jury trial, unconstitutional.  For reasons that follow, we find the provision constitutional and reverse the holding of the district court.

FACTS AND PROCEDURAL HISTORY
This matter arises from a vehicular accident which occurred on February 11, 2004, when a truck driven by Jerry Beauclaire was allegedly struck by an Avoyelles Parish school bus driven by Marjories Greenhouse.  Beauclaire and his wife filed suit on February 23, 2004.  Included as parties were Greenhouse and the Avoyelles Parish School Board.
1   Appellate review is governed by LSA-Const. art. V,

Download 05CA0765.opn.pdf

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