Moak v. American Equity Insurance Company, No. 2009 CA 1763 (La. App. 5/7/2010)

• Decision Date: 07 May 2010
• Docket Number: No. 2009 CA 1763.,2009 CA 1763.
• Parties: DAVID MOAK, v. AMERICAN EQUITY INSURANCE COMPANY, LOUISIANA DIRT HAULERS, INC., LOUIS E. ASHLEY, BURLINGTON NORTHERN AND ANTA FE RAILWAY COMPANY, NATIONAL RAILROAD PASSENGER CORPORATION, N.R.P.C., a/k/a AMTRAK AND RAYMOND TYLER.
• Court: Court of Appeal of Louisiana — District of US

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DAVID MOAK,
v.
AMERICAN EQUITY INSURANCE COMPANY, LOUISIANA DIRT HAULERS, INC., LOUIS E. ASHLEY, BURLINGTON NORTHERN AND ANTA FE RAILWAY COMPANY, NATIONAL RAILROAD PASSENGER CORPORATION, N.R.P.C., a/k/a AMTRAK AND RAYMOND TYLER. No. 2009 CA 1763. Court of Appeals of Louisiana, First Circuit. May 7, 2010.

ON APPEAL FROM THE SIXTEENTH JUDICIAL DISTRICT COURT, PARISH OF ST. MARY, STATE OF LOUISIANA, DOCKET NUMBER: 108,548; DIVISION: G, THE HONORABLE PAUL J. DEMAHY, JUDGE PRESIDING.

JACK W. HARANG, Metairie, La. Counsel for Plaintiff, David Moak.

TIMOTHY F. DANIELS, DOW MICHAEL EDWARDS, New Orleans, La., Counsel for Defendants, Burlington Northern and Santa Fe, Railway Company and National Railway Passenger Corporation.

GEORGE P. HEBBLER, JR., Metairie, La., Counsel for Defendants, American Equity Insurance Company, Louisiana Dirt Haulers, Inc., and Louis E. Ashley.

ROBERT L. MAYNARD, DENNIS P. COUVILLING, New Orleans, La., Intervenor-Robert L. Maynard.

ELIZABETH W. RAMIREZ, Covington, La., Intervenor-Lisa Roberge Moak.

Before: DOWNING, GAIDRY and McCLENDON, JJ.

NOT DESIGNATED FOR PUBLICATION

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DOWNING, J.

In this appeal plaintiff/appellant, David B. Moak, appeals a trial court judgment that denied him a new trial. The trial court ruled that his motion for a new trial was untimely because the time delays began to run when one of Mr. Moak's counsel of record was notified of the judgment but the other was not. For the following reasons, we affirm the trial court judgment.

The underlying lawsuit arose from a train-truck accident occurring December 17, 2000. Mr. Moak, the train engineer, filed suit against a trucking company and the driver that allegedly caused the accident, and the railroads for whom he worked (hereinafter Amtrak). Robert L. Manard, an attorney from New Orleans, filed the suit December 14, 2001, on Mr. Moak's behalf.

Mr. Moak hired new counsel and on March 20, 2003, attorney Richard H. Barker, IV officially enrolled. On September 15, 2004, Mr. Barker filed a notice to all parties and to the clerk of court that his address had changed to 3500 N. Hullen St., Metairie, La. 70002.

The record reflects that Mr. Barker's law partner, Jack W. Harang, of the law firm of Harang and Barker, 3500 N. Hullen St., Metairie, La. 70002, began representing Mr. Moak. Mr. Harang filed numerous pleadings on Mr. Moak's behalf, including a motion and order to continue a status conference. Various pleadings and orders filed by the defendants were served upon Mr. Moak through Mr. Harang at 3500 N. Hullen St., Metairie, La. 70002.

Sometime after January 2005 and prior to May 2006, a settlement agreement...