Smith v. Champion Insurance Co.

DUFRESNE, Judge.

The only issue before us in this matter is whether the trial judge erred in denying a motion, urged by Allstate Insurance Co., the judgment debtor, seeking to amend or clarify a final judgment. In his reasons for judgment on the motion, the judge noted that the clarification or amendment sought would constitute a change in the substance of the judgment in violation of La.Code Civ.Pro., art. 1951. Because we agree that the change sought is substantive, we affirm.

This suit arose out of an automobile accident in 1987. The plaintiffs, Virginia and Eric Smith, sued the tortfeasor…