3rd Circuit sends wrecker service case back to district court

The 3rd Circuit Court of Appeal has sent Susan and Robbie Arnaud’s claim they were defamed by Eunice Police Chief Ronald Dies back to St. Landry District Court for hearing.
In the same ruling, the 3rd Circuit upheld Dist. Judge Alonzo Harris’ ruling that the Arnauds failed to produce factual support of financial damages when he ruled against that claim and that he was correct in using his discretion to rule against the Arnauds’ move for sanctions against the defense.
“The trial court gave no reason for grant of exception of no right of action. Our review of the record and the law of defamation lead us to the conclusion that plaintiffs have an interest in the subject matter of the suit and a right to bring an action for defamation,” the appeal panel said.
The Arnaud’s first sued Dies when he removed their Robbie’s Wrecker Service from the city wrecker rotation shortly after taking office in 2011.
They claimed he did so for political reasons, noting they supported his opponent in the Fall 2010 election in which he won the job.
Judge James Doherty ruled against them, saying Dies had the discretionary authority to establish the wrecker service rotation, for political reasons or otherwise.
The Arnauds then field a petition for damages, alleging Dies statements regarding the firm were defamatory and caused damage to the reputation of their business.
“Plaintiffs still have to prove one of other categories of damages which may result from defamation. These were not address and are still before the court,” the appeal ruling notes.
Those include damage to reputation, personal humiliation, embarrassment and mental anguish and suffering, the court noted in sending the matter back to Harris.