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598 So. 2d 337

Docket No. 92-CC-0587.

Chambers v. LeBlanc

Benny and Anna CHAMBERS, Individually and on Behalf of Their Minor Child, Leanna Lea Chambers v. William E. LeBLANC and XYZ Insurance Company, CBA Insurance Company.

Supreme Court of Louisiana

Decided May 1, 1992.

Supreme Court of Louisiana · decided 1992-05-01

Key passage — most relied on by later courts

“An action for the recovery of damages for an offense or quasi offense may be brought in the parish where the wrong ful conduct occurred, or in the parish where the damages were sustained. An action to enjoin the commission of an offense or quasi offense may be brought in the parish where the wrongful conduct occurred or may occur.”

quoted by 10 later decisions, including Rodrigue v. East Jefferson General Hosp., 709 So. 2d 999 - Charles v. First Financial Insurance

Relies on 509 So. 2d 12 - Belser v. St. Paul Fire & Marine Ins.

Good law ✅— No negative treatment on recordhow we know

Decided 1992-05-01

How this case has been cited

Cited by 35 later decisions — most recently December 2013 · most notably 947 So. 2d 15 - Colvin v. LOUISIANA PATIENT'S COMP. FUND (2007), 656 So. 2d 988 - Jordan v. Central Louisiana Elec. Co., Inc. (1995)

35 state decisions

170199220002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1PER CURIAM.

¶2Writ granted.

¶3While a judgment erroneously overruling an exception of venue cannot as a practical matter be corrected on appeal and is therefore arguably appealable under La.Code Civ.Proc. art. 2083 because irreparable injury may result, an appellate court need not defer review of a judgment on a simple venue issue to the appellate process. On plaintiffs' request we therefore expedite review of the trial court's judgment on the venue issue (brought by defendants' application for supervisory writs to the court of appeal), rather than requiring plaintiffs to wait for disposition of the issue through the normal appellate process.

¶4This legal malpractice action was brought in Livingston Parish, plaintiffs' domicile, against an attorney, who is domiciled in Iberville Parish and practices in Ascension Parish, for failing to file a timely suit in East Baton Rouge Parish. The trial court overruled the exception of improper venue on the basis that plaintiffs sustained damages in Livingston Parish, making venue proper under La.Code Civ. Proc. art. 74.

¶5When damage is caused to the plaintiff in the parish where the wrongful conduct occurred, then that parish is the parish of proper venue under Article 74, even if the plaintiff is in the parish of his domicile at the time of the wrongful conduct or if the damage progresses in the *338 parish of the plaintiff's domicile. Belser v. St. Paul Fire & Marine Insurance Co.,509 So.2d 12 (La.App. 1st Cir.1987). Here, the wrongful conduct occurred either in Ascension Parish or East Baton Rouge Parish, but clearly not in Livingston Parish, which is therefore not a parish of proper venue under Article 74.

¶6Accordingly, the judgment of the trial court overruling the exception of venue is reversed, and the exception is maintained. The case is remanded to the trial court to transfer the action to a parish of proper venue.

¶7CALOGERO, C.J., and DENNIS, J., would grant the writ and docket the matter for argument.

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