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Dorsey v. Moses

Court of Appeals of Louisiana, Third Circuit

April 10, 2019

TYRONE DORSEY
v.
SERGEANT TODD MOSES, ET AL.

          SUPERVISORY WRIT FROM THE TWELFTH JUDICIAL DISTRICT COURT PARISH OF AVOYELLES, NO. 2018-5821 HONORABLE WILLIAM BENNETT, DISTRICT JUDGE

          Donna U. Grodner Grodner Law Firm, Counsel for Plaintiff/Respondent: Tyrone Dorsey

          David 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 Center

          Court composed of John D. Saunders, Billy H. Ezell, and Jonathan W. Perry, Judges.

          BILLY H. EZELL, JUDGE.

         Relators, 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 process.

         STATEMENT OF THE CASE

         This 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.

         Mr. 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.

         SUPERVISORY RELIEF

         "The 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.

         INSUFFICIENCY OF SERVICE OF PROCESS

         Relators 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[1] (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 ...

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