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JONES v. DAIMLER TRUCKS NORTH AMERICA

No. 2021-CA-0504, No. 2021-CA-0505.

336 So.3d 622 (2022)

William "Bill" JONES, IV and Engelique Jones and the Succession of Connie Marable v. DAIMLER TRUCKS NORTH AMERICA, INC., City of New Orleans 911 Services and EMS and Fire Department and Charles Canan Wayne Marable v. Daimler Trucks North America, LLC, City of New Orleans, 911 Services, New Orleans EMS, New Orleans Fire Department, Charles Canan, and Jane Doe.

Court of Appeal of Louisiana, Fourth Circuit.

February 23, 2022.

Attorney(s) appearing for the Case

Caleb H. Didriksen, III , Erin Bruce Saucier , Carl A. "Trey" Woods, Esq. , DIDRIKSEN SAUCIER WOODS & PICHON, 3114 Canal Street, New Orleans, LA 70119, COUNSEL FOR PLAINTIFF/APPELLANT.

C.G. Norwood, Jr. , Patrick J., O'Cain , McGLINCHEY STAFFORD, PLLC, 601 Poydras Street, 12th Floor, New Orleans, LA 70130, Janika D. Polk , Lee B. Ziffer , KUCHLER POLK WEINER, LLC, 1615 Poydras Street, Suite 1300, New Orleans, LA 70112, COUNSEL FOR DEFENDANT/APPELLEE.

(Court composed of Judge Rosemary Ledet, Judge Sandra Cabrina Jenkins, Judge Dale N. Atkins).

This is a wrongful death case. The narrow issue presented is whether the trial court erred in sustaining the peremptory exception of res judicata, based on issue preclusion (collateral estoppel), filed by one of the defendants—Daimler Trucks North America, LLC ("DTNA")—and dismissing the wrongful death claims...

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