McGrail v. Lee 874 So. 2d 66

874 So. 2d 66

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.

No. 2002-C-1496.

Supreme Court of Louisiana.

April 9, 2003.

William 0. Hunter, III, James A. Jimal-is, Lunn, Irion, Johnson, Salley & Carlisle; Donald J. Armand, Jr., Shreveport, for Applicant.

William F. Kendig, Jr., Shreveport, for Respondent.

| .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.

WEIMER, J., dissents.

VICTORY, J., and CALOGERO, C.J., dissent and assign reasons.

[ .VICTORY, J.,

dissenting.

In my view the Court should not recall the writ, but should address the amount of the award in this case.

| .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.

McGrail v. Lee
874 So. 2d 66

Case Details

Name
McGrail v. Lee
Decision Date
Apr 9, 2003
Citations

874 So. 2d 66

Jurisdiction
Louisiana
Court
Louisiana Supreme Court

References

Referencing

Nothing yet... Still searching!

Referenced By

Nothing yet... Still searching!