102 So. 3d 222
La. Ct. App.2012Background
- McKamey sued for damages alleging injuries on 27 March 2007 at an exhibition hall after tripping over a partially rolled carpet.
- NOPFM and MNOEHA were responsible for the hall; they answered and discovery followed.
- NOPFM and MNOEHA moved for summary judgment; McKamey filed a first supplemental petition naming ACC, GES, Travelers, and GIIC.
- The trial court granted summary judgment against McKamey as to NOPFM and MNOEHA, but preserved her claims under the first supplemental petition; judgment dated 18 July 2011.
- McKamey appealed the December 2011 judgment dismissing NOPFM, MNOEHA, and Travelers with prejudice, raising res judicata and no-cause-of-action challenges.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether res judicata barred the second action. | McKamey contends new claims existed and were not resolved. | NOPFM/MNOEHA argue final judgment precludes new claims. | Res judicata affirmed; new claims not properly raised before final judgment. |
| Whether the trial court correctly granted the no-cause-of-action exception. | McKamey asserts new theories against NOPFM/MNOEHA based on notice and indemnity. | Defendants contend petition fails to state a legal remedy for failure to notify co-defendants. | No-cause-of-action exception affirmed; petition did not state a cognizable claim against NOPFM/MNOEHA. |
| Whether dismissal with prejudice was proper. | McKamey challenges the prejudicial dismissal of her claims. | Defendants assert proper under the no-cause-of-action ruling and res judicata. | Abandoned on brief; alternatively deemed unsupported despite lack of briefing. |
Key Cases Cited
- Chevron U.S.A., Inc. v. State, 993 So.2d 187 (La. 2008) (res judicata elements and strict construction)
- Myers v. National Union Fire Ins., 43 So.3d 207 (La. App. 4th Cir. 2010) (standard for reviewing res judicata on appeal)
- Ins. Co. of North America v. Louisiana Power & Light, 10 So.3d 264 (La. App. 4th Cir. 2009) (stricti juris approach to res judicata)
- Meckstroth v. Louisiana Dept. of Transp. and Development, 962 So.2d 490 (La. App. 4th Cir. 2007) (no-cause-of-action standard; four-corners test)
- Everything on Wheels Subaru, Inc. v. Subaru South, Inc., 616 So.2d 1234 (La. 1993) (pleading requirements; ultimate facts necessity)
- Sparks v. Donovan, 884 So.2d 1276 (La. App. 4th Cir. 2004) (content of petition; allegations must be ultimate facts)
- Parish of Jefferson v. City of Kenner, 663 So.2d 880 (La. App. 5th Cir. 1995) (ultimate-facts requirement in pleadings)