David Zdenek v. Acme Truck Line, Inc., Benbrook Insurance Agency, Inc., and Edward Veron

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT DAVID ZDENEK NO. 2020 CW 1070 VERSUS ACME TRUCK LINE, INC., VENBROOK INSURANCE SERVICES, LLC, AND EDWARD VERON DECEMBER 30, 2020 In Re: Acme Truck Line, Inc., Edward Veron and Hudson Insurance Company, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 678507. BEFORE: GUIDRY, MCCLENDON, AND LANIER, JJ. WRIT GRANTED WITH ORDER. The trial court' s October 1, 2020 judgment denying relators Acme Truck Line, Inc., Edward Veron, and Hudson Insurance Company' s motion to transfer for forum non conveniens is reversed and the motion is granted. Pursuant to Louisiana Code of Civil Procedure article 123, for the convenience of the parties and witnesses and in the interest of justice, a court may, upon contradictory motion, transfer a civil case to another court where it might have been brought. In this case, the trial court abused its discretion by denying the relators' motion to transfer for forum non conveniens. The convenience of the parties and witnesses and the interest of justice would be served by the transferring case to Jefferson Parish. Holland v. Lincoln General Hospital, 2010- 0038 ( La. 10/ 19/ 10), 48 So. 3d 1050 . The case is remanded to the trial court, which is instructed to transfer the matter to the Twenty - Fourth Judicial District Court for the Parish of Jefferson. JMG PMc Lanier, J., concurs. COURT OF APPEAL, FIRST CIRCUIT wv FOR CL THE RK OF COURT COURT