LAPOINT v. COMMERCE INDUSTRY INSURANCE COMPANY TPS (2021)

Writ application granted. See per curiam.

Writ granted. “The doctrine of res judicata is stricti juris; any doubt concerning application of the principle of res judicata must be resolved against its application.” Kelty v. Brumfield, 93-1142 (La. 2/25/94), 633 So. 2d 1210, 1215. The party urging res judicata must establish all elements of La. R.S. 13:4231 “beyond all question.” Id. Because the Georgia court's jurisdiction extended to workers’ compensation claims that arose from payments made under Georgia's workers’ compensation law only, the Georgia court lacked jurisdiction to adjudicate Stephens’ and CII's reimbursement claims for benefits paid under the LWCA. Thus, the Georgia court judgment does not have preclusive effect and is not res judicata to the claims at issue here. Accordingly, the court of appeal judgment is vacated, and the matter is remanded for the court of appeal to consider any assignments of error raised on appeal by Robert Lapoint.¹

COURT OF APPEAL JUDGMENT VACATED AND REMANDED

FOOTNOTES

1.   Due to the death of Robert Lapoint on July 28, 2021, this court issued an order on August 10, 2021, substituting his daughters, Katelyn Lapoint, Ashlyn Lapoint and Chelsea Lapoint as party plaintiffs in the above entitled and numbered cause of action pursuant to Louisiana Civil Code Article 2315.1.

Hughes, J., dissents. Genovese, J., dissents. Griffin, J., dissents.