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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 This case is before us on direct appeal1 from a district court judgment declaring 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.

Appellate review is governed by LSA-Const. art. V,

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