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PELLECER v. WERNER CO.

NO. 2023-C-0513.

372 So.3d 819 (2023)

Darlene Ward PELLECER, Individually and as Administrator of the Estate of Carlos F. Pellcer, Cynthia Pellecer Keppler, Linda Pellecer Seward, and Bonnie Pellecer Perez v. WERNER CO., a Corporation of Delaware, Werner Co. (DE), New Werner Holding Co., Inc., New Werner Holding, LLC, New Werner Holding Co., (DE) LLC, Sue Ann Silverman Singer, Harold Singer, and 2011 General Pershing, LLC.

Court of Appeal of Louisiana, Fourth Circuit.

September 7, 2023.

Attorney(s) appearing for the Case

Martin A. Stern , Leigh Ann Schnell , Raymond P. Ward , ADAMS AND REESE LLP, 701 Poydras St., Suite 4500, New Orleans, LA 70139, -AND- John E.W. Baay, II , Nicholas S. Bergeron , GIEGER, LABORDE & LAPEROUSE, LLC, 701 Poydras St., Suite 4800, New Orleans, LA 70139, COUNSEL FOR RELATORS.

Gary M. Carter, Jr. , THE CARTER FIRM, LLC, 2401 Westbend Parkway, Suite 3070, New Orleans, LA 70114, COUNSEL FOR RESPONDENTS.

(Court composed of Chief Judge Terri F. Love, Judge Sandra Cabrina Jenkins, Judge Nakisha Ervin-Knott).

Judge Nakisha Ervin-Knott

Relators, Werner Co. and New Werner Holding Co., seek supervisory review of the district court's July 21, 2023 judgment striking their motion for new trial. For the following reasons, we grant the writ, reverse the district court's ruling, and remand the matter with orders for the district judge to rule and issue a judgment on Relators' motion for new trial.

Relevant Facts and Procedural Background

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