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eBook details

• Title: Love v. Aaa Temporaries
• Author : Supreme Court Of Louisiana
• Release Date : January 17, 2003
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 52 KB

Description

We find the trial court did not abuse its discretion in refusing defendants request to supplement the record and to re-determine the issue of insurance coverage. This case had its genesis in 1991 and has been pending since that time. Despite numerous discovery requests from the plaintiff beginning in 1998 about the existence of any Longshore and Harbor Workers Compensation policy and interrogatories relative to any change documents which would have added Louisiana to any such policy, the trial court noted that it was not until this case was on appeal, almost nine years post-accident, when the defendant "discovered" information pertinent to this matter. As observed by the trial court, even when the plaintiff moved for partial summary judgment on the issue of whether the defendant had workers compensation insurance coverage on the date of the accident, the defendant presented no evidence on this issue. The law favors a prompt disposition of cases for the benefit of litigants who have had their day in the trial court. Protracting the lit igat ion to receive evidence that should have been obtained for the original trial is to be avoided. Texas Pipeline Co. v. Johnson, 65 So.2d 884 (La. 1953 ); Our Lady of the Lake Hospital, Inc. v. Carboline Co ., 632 So. 2d 339, writs denied, 94-0287 (La. 3/25/94), 635 So. 2d 228, and 94-0753 (La. 5/6/94), 637 So. 2d 1052.

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