¶1In re State of Louisiana DOTD; Department of Transportation & Dev.; — Defendants; Applying for Supervisory and/or Remedial Writs, Parish of East Carroll, 6th Judicial District Court Div. A, No. 18,335; to the Court of Appeal, Second Circuit, No. 36125-CW.
¶2Granted. The court of appeal’s judgment is reversed and the trial court’s judgment on the motion in limine is reinstated.
¶3dissents from the court’s action. I would prefer to stay the trial, and grant and docket to review the legal issue herein; otherwise, I would deny the writ application for the reasons expressed by Justice KIMBALL. Furthermore, it is a poor practice to decide issues of this sort in such a hurried fashion without benefit of briefing and argument from the lawyers on both sides. Writ denials form no precedent for further cases. Unfortunately, writ grants with order and/or with reasons do have precedential effect, and guide trial judges and trial attorneys in future matters.
¶4I would deny the writ because there is neither legislation nor custom in this state that prevents a jury from being informed of the cap on damages contained in La. R.S. 13:5106(B)(1). The legislature has not seen fit to create a law in this matter, and it is not within our province to do so precipitously through a court order.