RICHARD A. RODRIGUE
THE TRAVELERS INSURANCE COMPANY; PUGET SOUND COMMERCE CENTER, INC. (F/K/A TODD SHIPYARDS CORPORATION, F/K/A TODD-JOHNSON DRY DOCKS, INC.); EAGLE, INC. (F/K/A EAGLE ASBESTOS & PACKING COMPANY, INC.); LOUISIANA INSURANCE GUARANTY ASSOCIATION
From Civil District Court, Orleans Parish No. 2018-02510,
Division "A" Honorable Ellen M Hazeur, Judge.
Gerolyn P. Roussel Perry J. Roussel, Jr. ROUSSEL &
CLEMENT COUNSEL FOR PLAINTIFF/APPELLANT.
composed of Judge Edwin A. Lombard, Judge Rosemary Ledet,
Judge Paula A. Brown.
J., CONCURS WITH REASONS
A. Brown Judge.
civil matter involves a dispute over the refund owed from
unexpended jury deposit costs. Mr. Rodrigue seeks review of
the district court's judgments that denied his ex
parte motion for release of the $5, 600.00 deposited for
jury trial cost ("motion for refund") and his
motion for new trial. For the reasons that follow, we reverse
the district court and remand this matter to the district
court for further proceedings consistent with this opinion.
AND PROCEDURAL HISTORY
March 14, 2018, Mr. Rodrigue filed a petition for damages
against several defendants to recover damages allegedly
incurred as a result of Mr. Rodrigue contracting
mesothelioma. Mr. Rodrigue demanded a trial by jury. On April
6, 2018, the district court issued the jury deposit order
setting forth the cash deposit requirements for a jury trial
and the conditions for a refund of unexpended
funds. The jury deposit order provided, in part,
IS ORDERED that the party requesting a jury trial
shall make a cash deposit with the Clerk of Court in the
amount of $2, 000.00 for the first day of trial and $400.00
for each additional day the trial is expected to last. . . .
event the case is settled, the party depositing the funds
shall receive a refund of this deposit as follows.
1. All funds less $1, 500.00 shall be
refunded, only if the Court is notified, in writing, 30
(thirty) days in advance of trial indicating that the case is
resolved or will proceed to trial by judge;
2. If the case settles within the dates the trial was
scheduled to proceed, the court shall cast the party
requesting the jury trial an additional
$320.00 in jury costs.
3. If the case proceeds to trial by jury, the remaining funds
on deposit shall be used to pay all jury costs. The court may
require an additional deposit for costs as needed.
4. The above deposit schedule only applies to the calling of
a standard venire. In the event that the case requires more
potential jurors because of the length of the case or other