# Kerry Maggio v. James Parker The Sandwich Kings, LLC (d/B/A Jimmy John's) Republic-Vanguard Insurance Company And Metropolitan Property and Casualty Insurance Company

> Supreme Court of Louisiana · June 27, 2018 · 250 So. 3d 874

URL: https://www.frixlaw.com/law-library/cases/9886743

## Case

- **Full name:** Kerry MAGGIO v. James PARKER; The Sandwich Kings, LLC (d/B/A Jimmy John's); Republic-Vanguard Insurance Company ; And Metropolitan Property and Casualty Insurance Company
- **Court:** Supreme Court of Louisiana
- **Decided:** June 27, 2018
- **Citations:** 250 So. 3d 874
- **Precedential status:** Published
- **Opinion:** Concurrence by Hughes
- **Judges:** Crichton, Hughes, Weimer
- **Cited by:** 58 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9886743

## Opinion text

Hughes, J., additionally concurring.
Civil Code article 3075 provides: A compromise entered into by one of multiple persons with an interest in the same matter does not bind the others, nor can it be raised by them as a defense , unless the matter compromised is a solidary obligation (emphasis added). End of story. As for stipulation pour autrui, there must be specific intent by the contracting parties to benefit (the here unnamed) beneficiary. It's supposed to be a stipulation , not an accident.
Just because the law has been poorly argued, or the lower courts or this court failed to discover the correct law to apply to the facts, is not an excuse to fail to apply the law correctly once it is discovered. Louisiana has fact pleading. It is our duty to apply the correct law to the facts. Lack of research is not a worthy position for the state's highest court.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9886743. Public record. Not legal advice.