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Boone v. Louisiana Farm Bureau Casualty Insurance Co.

Citations: 521 So. 2d 548; 1988 La. App. LEXIS 1238Docket: No. W88-133

Court: Louisiana Court of Appeal; February 21, 1988; Louisiana; State Appellate Court

Narrative Opinion Summary

In this case, the plaintiff initially sought damages exceeding $75,000 and requested a jury trial. However, she later amended her lawsuit to reduce the claim to $19,832.20—below the threshold required for a jury trial under Louisiana law—and withdrew her jury trial request. The trial court approved this withdrawal, but Louisiana Farm Bureau Casualty Insurance Company filed a motion seeking a jury trial, which the trial court denied. The appellate court found that the plaintiff's actions were strategic maneuvers aimed at depriving the defendant of its right to a jury trial. Consequently, the appellate court ruled that the trial court erred in denying the defendant's motion and granted Louisiana Farm Bureau's request for a jury trial. The court ordered the trial court to vacate its prior ruling and allow the jury trial to proceed, contingent upon the defendant posting the necessary jury cost bond.

Legal Issues Addressed

Amendment of Claims and Withdrawal of Jury Request

Application: The plaintiff's amendment to reduce the claim below the jury trial threshold and subsequent withdrawal of the jury request were deemed tactical and improper.

Reasoning: It found that the plaintiff’s amendment and withdrawal were strategic maneuvers intended to deny the defendants their right to a jury trial.

Appellate Review of Trial Court Decisions

Application: The appellate court determined that the trial court erred in denying the defendant's motion for a jury trial, thereby protecting the defendant's procedural rights.

Reasoning: Consequently, the appellate court ruled that Louisiana Farm Bureau should not be prejudiced by the withdrawal of the jury request, and it determined that the trial court erred in denying the defendant's request for a jury trial.

Right to Jury Trial under Louisiana Law

Application: The court found that a plaintiff cannot amend a petition to reduce the claim amount solely to deprive the defendant of a jury trial right.

Reasoning: The court emphasized that procedural tactics aimed solely at depriving a party of the right to a jury trial based on jurisdictional amounts are not permissible.