Skinner v. Lacombe
382 So. 2d 1391
La.
1980
Check Treatment

Lead Opinion

DIXON, C. J.,

agrees that the writ should be denied, for the reason that the “cause of action” or “cause” or the “juridical facts on which the demand is based” is the same in each suit — the collision. The new contention that the accident was caused by the overloaded truck is merely new evidence, and should not justify a new trial on the same accident. See 51 Tul.L.Rev. 611, 619-621, 635, 642.





Concurrence Opinion

DENNIS, J.,

concurs in denying the writ because the result is correct.

BLANCHE, J., recused.