SUPERVISORY WRIT FROM THE TWELFTH JUDICIAL DISTRICT COURT
PARISH OF AVOYELLES, NO. 2018-5821 HONORABLE WILLIAM BENNETT,
U. Grodner Grodner Law Firm, Counsel for
Plaintiff/Respondent: Tyrone Dorsey
E. Boraks, Assistant Attorney General Louisiana Department of
Justice Litigation Division Counsel for
Defendants/Applicants: State of Louisiana, Department of
Public Safety and Corrections Raymond Laborde Correctional
composed of John D. Saunders, Billy H. Ezell, and Jonathan W.
H. EZELL, JUDGE.
the State of Louisiana, Department of Public Safety and
Corrections (DOC) and Raymond Laborde Correctional Center,
seek supervisory writs from the judgment of the Twelfth
Judicial Court, Parish of Avoyelles, which denied
Relators' exception of insufficiency of service of
OF THE CASE
case arises out of an automobile accident which occurred on
Interstate 10 in Baton Rouge, Louisiana, on November 20,
2017. Tyrone Dorsey was a passenger in a van owned by Raymond
Laborde Correctional Center. Sergeant Todd Moses was driving
the van. As Sergeant Moses attempted to change lanes, the van
collided with the rear end of the vehicle traveling in front
of it. As a result of the accident, Mr. Dorsey filed a
personal injury lawsuit against Sergeant Moses, and Relators
herein, the DOC and Raymond Laborde Correctional Center.
Dorsey requested service of the petition on Relators via
service on the "Office of Risk Management through the
Governor's Office through the Attorney General and
Attorney General through Honorable Jeff Landry."
Relators filed an exception of insufficiency of service of
process. The trial court denied the exception, and Relators
now seek review of that ruling.
proper procedural vehicle to contest an interlocutory
judgment that does not cause irreparable harm is an
application for supervisory writs. See La.[Code
Civ.P.] arts. 2087 and 2201." Brown v. Sanders,
06-1171, p. 2 (La.App. 1 Cir. 3/23/07), 960 So.2d 931, 933.
OF SERVICE OF PROCESS
assert that the trial court erred when it denied their
exception of insufficiency of service of process. In support
of their argument, Relators cite La.R.S.
39:1538 (emphasis added), which provided at the
time suit was filed:
(1) Claims against the state or any of its agencies to
recover damages in tort for money damages against the state
or its agencies for injury or loss of property, personal
injury, or death caused by the negligent or wrongful act or
omission of any employee of the agency while acting within
the scope of his office or employment under circumstances in
which the state or such agency, if a private person, would be
liable to the claimant in accordance with the general laws of
this state, may be prosecuted in accordance with the
provisions specified in this Chapter. However, immunity ...