Shell Offshore, Inc. v. State

I dissented in Leonard v. Parish of Jefferson v. Montgomery Elevator Co., 95-1082 (La.1/16/96), 666 So.2d 1061, because I believed (contrary to the majority) that when the State files a third party demand, that third party defendant ought to have a right to a jury even if that claim must be resolved in a bifurcated trial. La.Rev. Stat. 18:5035 provides that in “[a]ll suits for ... damages ... filed by the state against any person, firm or corporation, and all matters incidental thereto shall be heard and determined by a court in a summary manner ... Should a trial by jury be demanded, a…