
    Annette TOSTON, as Curatrix of Syvella Toston, and Tyra Toston v. James D. PARDON, et al.
    No. 2002-CC-0451.
    Supreme Court of Louisiana.
    Feb. 13, 2002.
   In re State of Louisiana DOTD; Department of Transportation & Dev.; — Defendants; Applying for Supervisory and/or Remedial Writs, Parish of East Carroll, 6th Judicial District Court Div. A, No. 18,335; to the Court of Appeal, Second Circuit, No. 36125-CW.

Granted. The court of appeal’s judgment is reversed and the trial court’s judgment on the motion in limine is reinstated.

CALOGERO, C.J.,

dissents from the court’s action. I would prefer to stay the trial, and grant and docket to review the legal issue herein; otherwise, I would deny the writ application for the reasons expressed by Justice KIMBALL. Furthermore, it is a poor practice to decide issues of this sort in such a hurried fashion without benefit of briefing and argument from the lawyers on both sides. Writ denials form no precedent for further cases. Unfortunately, writ grants with order and/or with reasons do have precedential effect, and guide trial judges and trial attorneys in future matters.

KIMBALL, J.,

I would deny the writ because there is neither legislation nor custom in this state that prevents a jury from being informed of the cap on damages contained in La. R.S. 13:5106(B)(1). The legislature has not seen fit to create a law in this matter, and it is not within our province to do so precipitously through a court order.

JOHNSON, J., would deny the application.  