CHAMPAGNE v. AMERICAN SOUTHERN INSURANCE CO.

No. 54186.

295 So.2d 437 (1974)

Easton CHAMPAGNE, Administrator of the Estate of Joseph Bartholomew Champagne v. AMERICAN SOUTHERN INSURANCE COMPANY and Adler V. Ledoux.

Supreme Court of Louisiana.

April 29, 1974.


Attorney(s) appearing for the Case

Robert Brinkman, James T. Guglielmo, Edward B. Dubuisson, Dubuisson, Brinkhaus, Guglielmo & Dauzat, Opelousas, for defendants-relators.

Christopher Zaunbrecher, Div. of Administration & Planning, La. Health & Social & Rehabilitation Services Administration, for third-party defendant-respondent.

Alex L. Andrus, III, Andrus & Andrus, Opelousas, for plaintiffs-respondents.


BARHAM, Justice.

The question to be decided in this case is whether a jury trial demand by a principal defendant can be defeated by the plaintiff subsequently amending his petition to add the State as a defendant.

This is an action for damages resulting from the death of Dolores Champagne which occurred on January 12, 1972. At the time of the accident, Dolores Champagne was being transported from Lafayette Charity Hospital in Lafayette, to Opelousas in St...

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