McLaughlin v. Fireman's Fund Insurance Co.

In a unanimous, peremptory grant of a supervisory writ, the Louisiana Supreme Court set aside this court’s prior judgment and remanded the case for this court to rule on the admissibility of the results of McLaughlin’s alleged second blood-alcohol test and to reconsider the fault of the parties in light of the admissibility ruling.

I respectfully dissent from the opinion of the majority because it is clearly wrong in its determination of “admissibility” and fails to properly reconsider the fault of the parties resulting in substantial injustice to the plaintiffs (McLaughlin’s parents).1

ADMISSIB…