Davis v. J.R. Logging, Inc.

|,I concur in the result of the majority opinion for the reasons set forth below.

Res Judicata

The burden of proving the facts essential to sustaining the objection is on the party pleading the objection and if any doubt exists as to the application of res judicata, the objection raising the peremptory exception of res judicata must be overruled and the second lawsuit maintained. Landry v. Town of Livingston Police Department, 10-0673 (La.App. 1 Cir. 12/22/10), 54 So.3d 772, 776.

In Mitchell v. Travelers Ins. Co., 136 So.2d 143 (La.App. 3d Cir.1961), a claimant was injured while at work. He had…