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Byron R. Poydras and Alicia R. Poydras, Individually and on Behalf of Their Son, Myles Christopher Poydras, Mason J. Poydras and Milan a Poydras Versus First Student, Inc., First Student of Orleans, LLC, First Student Management, LLC, Old Republic Insurance Company, Old Republic General Insurance Corporation, National Union Fire Insurance Company of Pittsburgh, Pc, Daniel Mosely (a/K/A Danny Mosely), Christopher Anderson, Jason Thomas, and Ira Green

La. Ct. App.May 15, 2024No. 24-C-63
Defendant WinFirst Student, Inc.
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Case Details

Judge(s)
June B. Darensburg
Status — whether other courts must follow this ruling
Unknown
Procedural Posture — the stage the case had reached
appeal

Related Laws

No specific laws identified for this ruling.

Claim Types

Wrongful Termination

Outcome

The appellate court granted the writ and reversed the trial court's denial of defendants' peremptory exceptions. The plaintiffs' bystander claims under Louisiana Civil Code Article 2315.6 were dismissed with prejudice because they failed to allege facts satisfying the temporal proximity requirement—they arrived at the scene after the tortious acts and Mr. Poydras's disappearance and witnessed only search and rescue efforts rather than the injury-causing event itself.

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