Louisiana Department of Transportation & Development v. Oilfield Heavy Haulers, L.L.C.

hi feel that we should reverse the trial court. It is well established that La.Code Civ.P. art. 561 is to be liberally construed in favor of maintaining a plaintiffs suit. Rosier v. Benoit, 09-1557 (La.App. 3 Cir. 5/5/10), 37 So.3d 1093. Here, I feel that the majority opinion is taking an approach that is too rigid with regard to the DOTD’s discovery responses, and that OHH’s letter can be construed as a “step” under La. Code Civ.P. art. 561.

The purpose behind La.Civ.Code art. 561 is to prevent the lingering of suits for a protracted time so as to vex or harass a defendant, not to dismiss…