PLAIA v. STEWART ENTERPRISES, INC.

NO. 2014-CA-0159 CONSOLIDATED WITH: NO. 2014-CA-0746, CONSOLIDATED WITH: NO. 2015-CA-1176.

229 So.3d 480 (2016)

Lisa PLAIA and Peter Plaia, Individually and on Behalf of Their Minor Children Petra Plaia and Carolina Plaia v. STEWART ENTERPRISES, INC., Greenwood Funeral Home, Firemen's Charitable & Benevolent Association, Lafayette Insurance Company, United Fire Group, First Baptist Church of New Orleans, Church Mutual Insurance Company. Lisa Plaia and Peter Plaia, Individually and on Behalf of Their Minor Children Petera and Carolina Plaia v. Stewart Enterprises, Inc., Greenwood Funeral Home, Firemen's Charitable & Benevolent Association, Lafayette Insurance Company, United Fire Group, First Baptist Church of New Orleans, Church Mutual Insurance Company. Lisa Plaia and Peter Plaia, Individually and on Behalf of Their Minor Children Petra Plaia and Carolina Plaia v. Stewart Enterprises, Inc., Greenwood Funeral Home, Fireman's Charitable & Benevolent Association, Lafayette Insurance Company, United Fire Group, First Baptist Church of New Orleans, Church Mutual Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

October 26, 2016.


Attorney(s) appearing for the Case

Richard C. Stanley , Thomas P. Owen, Jr. , Eva J. Dossier , STANLEY REUTER ROSS THORNTON & ALFORD, L.L.C., 909 Poydras Street, Suite 2500, New Orleans, LA 70112, Roderick Rico Alvendia , J. Bart Kelly, III , Amy C. Fontenot , Jeanne K. Demarest , ALVENDIA KELLY & DEMAREST, L.L.C., 909 Poydras Street, Suite 1625, New Orleans, LA 70112, James J. Carter, Jr. , James J. Carter & Associates, LLC, 1100 Poydras Street, Suite 2900, New Orleans, LA 70163, COUNSEL FOR PLAINTIFFS/APPELLANTS.

James R. Sutterfield , Richard A. Goins , Brooke A. Riggs , SUTTERFIELD & WEBB, LLC, 650 Poydras Street, Suite 2715, New Orleans, LA, 70130, COUNSEL FOR DEFENDANTS/APPELLANTS.

Charles D. Marshall, III , CHAFFE McCALL, L.L.P., 1100 Poydras Street, 2300 Energy Centre New Orleans, LA, 70163-2300, Timothy G. Schafer , SCHAFER & SCHAFER, 328 Lafayette Street, New Orleans, LA 70130, Kathryn T. Wiedorn , Alexander R. Saunders , PELLETERI & WIEDORN, L.L.C., 636 Carondelet Street, New Orleans, LA 70130, COUNSEL FOR DEFENDANTS/APPELLEES.

(Court composed of Judge Dennis R. Bagneris, Sr., Judge Terri F. Love, Judge Max N. Tobias, Jr., Judge Edwin A. Lombard, Judge Paul A. Bonin).


The matter before us concerns three separate judgments and one motion that were consolidated on appeal. As such, each consolidated case presents distinct issues. After setting forth the facts, we discuss each case and its issues separately.

FACTS AND PROCEDURAL HISTORY

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