Opinion
No. 91-C-1317.
September 27, 1991.
APPEAL FROM 34TH JUDICIAL DISTRICT COURT, ST. BERNARD PARISH, STATE OF LOUISIANA, HONORABLE MELVYN J.
Plaintiffs' application for writ of certiorari is granted. The judgment of the court of appeal is reversed. The trial judge erred in maintaining the exception of no cause of action. See Mayer v. Valentine Sugars, Inc., 444 So.2d 618 (La. 1984). On the other hand, the court of appeal erred in taking judicial notice of the adjudicative fact that asbestosis and lung cancer in the same person are necessarily causally related. A judicially noticed fact must be one not subject to reasonable dispute. La. Code of Evidence, art. 201. Accordingly, this matter is remanded to the district court for further proceedings consistent with this order.