FOR SUPERVISORY WRITS FROM THE TWELFTH JUDICIAL DISTRICT
COURT PARISH OF AVOYELLES, NO. 2009-3799 HONORABLE KERRY L.
SPRUILL, DISTRICT JUDGE
W. Degan, III Travis L. Bourgeois Catherine N. Thigpen Degan,
Blanchard & Nash COUNSEL FOR DEFENDANT/APPLICANT: Gemini
Michael Joey Bernard Burglass & Tankersley, LLC COUNSEL
FOR DEFENDANTS/RESPONDENTS: Moncla Auto Sales, LLC Glen
William Compton Helm Kinchen, Walker, Bienvenu COUNSEL FOR
DEFENDANT/RESPONDENT: Tracy B. Sherman.
P. Roy Brandon J. Scott Benjamin D. James Roy & Scott
COUNSEL FOR PLAINTIFF/RESPONDENT: Justin Dodge.
E. Ryland Law Office of Darrel D. Ryland, APLC COUNSEL FOR
DEFENDANTS/RESPONDENTS: Moncla Auto Sales, LLC Glen Ducote.
composed of John D. Saunders, Elizabeth A. Pickett, and
Shannon J. Gremillion, Judges.
SHANNON J. GREMILLION JUDGE.
granted supervisory writs in this matter to review the trial
court's denial of a motion for summary judgment filed by
Relator, Gemini Insurance Company, in a suit by Mr. Dodge
against Ms. Tracey Sherman and her employer, Moncla Auto
Sales, LLC (Moncla), following a motor vehicle accident that
occurred on March 29, 2009, in Avoyelles Parish. Ms. Sherman
was operating a motor vehicle owned by Moncla and insured by
Gemini. She was, also allegedly, intoxicated at the time of
the course of this litigation, Mr. Dodge amended his petition
to assert his entitlement to damages for Gemini's bad
Plaintiff desires to further amend and supplement the
original petition by inserting the following Paragraphs after
Paragraph IX of the original petition, said paragraphs to
read as follows:
"Additionally, a Uniform Motor Vehicle Traffic Crash
Report was issued on the March 29, 2009-the date of the
accident- indicating that Justin Dodge was a passenger in the
vehicle operated by Tracy Sherman and that Justin Dodge was
transported to Avoyelles
Hospital subsequent to the collision.
Thereafter, on June 2, 2009, a certified letter was forwarded
to Gemini Insurance Company's insured by Justin
Dodge's counsel notifying the Insured of Justin
Dodge's injuries. Justin Dodge filed suit against Gemini
Insurance Company's insured driver on July 8, 2009 and
amended his petition on August 31, 2009 naming Gemini
Insurance Company as defendant.
Nevertheless, Gemini Insurance Company disbursed its policy
limits to additional claimants despite clear notice to it and
its insured that Justin Dodge possessed a claim for injuries
under the Gemini Insurance Company policy and ...