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716 So. 2d 909

716 So.2d 909

98 La.App.4Cir. 1413

Gowland v. State

Louisiana Court of Appeal

Decided June 24, 1998

Louisiana Court of Appeal · decided 1998-06-24

Cited by 1 later decisions — most recently October 2007

1 state decisions

Relies on 671 So. 2d 983 - Walker v. Schwegmann Giant Supermarkets

Good law ✅— No negative treatment on recordhow we know

Decided 1998-06-24

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| iMURRAY, Judge,

¶1concurring with reasons.

¶2Considering that the plaintiffs objected only to the State’s jury demand, rather than to the Amended Answer, I find the denial of leave to amend was an abuse of discretion under the factors set forth in Walker v. Schwegmann Giant Supermarkets, Inc., 95-1934 (La.App. 4th Cir.3/14/96), 671 So.2d 983. However, because the trial court is required to quantify the fault of all alleged tortfeasors in rendering judgment after trial, see La. Civ.Code Ann. art. 2323; La.Code Civ. Proc. Ann. art.1917, the State has not shown that it will be prejudiced by this denial. Accordingly, I concur in the affirmance of the ruling below.

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