Nall submitted excerpts from the depositions of Mrs. Thereafter, if the adverse party fails to produce factual support sufficient to establish that he will be able to satisfy his evidentiary burden of proof at trial, there is no genuine issue of material fact.
#Soundstream vir 7832bi trial
Article 966 provides that while the burden of proving entitlement to summary judgment rests with the mover, if the mover will not bear the burden of proof at trial on the matter that is before the court on the motion for summary judgment, the mover's burden does not require him to negate all essential elements of the adverse party's claim, action or defense, but rather to point out that there is an absence of factual support for one or more elements essential to the adverse party's claim, action or defense. Summary judgment is governed by La.Code Civ.P. ANALYSIS The standard of review of summary judgments have become axiomatic: Courts of appeal review summary judgments de novo applying the same analysis as the trial court. The trial court agreed that the Wolfs’ submissions were not filed timely and sustained Mr. Nall employed, if any, to ensure the safety of the flea market’s patrons. The Wolfs argued that there were genuine issues of material fact regarding the safety precautions Mr. Nall argued that the attachments to the Wolfs’ memorandum did not change the analysis or demonstrate any genuine issue of material fact.
moved to strike it and all exhibits thereto. They dismissed their demands against Affirmative Risk Management. Nall objected to the late filing of the Wolfs’ memorandum and 1 The Wolfs amended their petition to name Certain Underwriters at Lloyd’s, London subscribing to certificate OM-SMP-A0142. Nall’s motion for summary judgment was heard on January 13, 2014. Nall argued that he did not control the bookcase and had no knowledge of any hazard it presented. Nall, supported by the depositions of Mrs. A motion for summary judgment was filed by Mr. He later filed a cross claim against those certain underwriters at Lloyd’s, alleging that they insured the premises of the flea market, which was further alleged to be owned by SWN, LLC. Landers, the merchant in whose stall the bookcase was located, and who had agreed to indemnify and defend Mr. Nall answered the suit and interpleaded Ms. Nall, Affirmative Risk Management (an alleged insurer of the flea market), and Lloyds London Insurance Company. A bookcase near one of the flea market stalls fell on her, injuring her neck, back, and right arm. Wolf was shopping at the Alexandria Flea Market and Storage facility owned by Stuart Nall. FACTS AND PROCEDURAL HISTORY Stacy Wolf and David Wolf, III, asserted in their petition for damages that on or about May 28, 2011, Mrs. In this personal injury matter, plaintiffs/appellants, Stacy Denise Wolf and David Lee Wolf, III, appeal the motion for summary judgment granted to Stuart Nall. Alexandria Flea Market & Storage GREMILLION, Judge. LaFontaine Locke Liddell & Sapp 601 Poydras Street, Suite 2660 New Orleans, LA 70130 (504) 558-5133 COUNSEL FOR DEFENDANTS/APPELLEES: Stuart Nall Wright & Percy Ins., Inc.
Drawer 1019 Ville Platte, LA 70586 (337) 363-2772 COUNSEL FOR PLAINTIFFS/APPELLANTS: Stacy Denise Wolf David Lee Wolf, III Keith Alex Kornman Degan, Blanchard & Nash 400 Poydras Street, #2600 New Orleans, LA 70112 (504) 529-3333 COUNSEL FOR DEFENDANT/APPELLEE: Certain Underwriters at Lloyd's London Monique M. Services, Inc., d/b/a Wright & Percy Dwayne Moore Jonathan Clyde Vidrine West & Vidrine P. Box 1711 Alexandria, LA 71309 (318) 487-4910 COUNSEL FOR THIRD-PARTY APPELLEES: BancorpSouth Ins. Andrew Parker Texada Stafford, Stewart & Potter P. Box 81129 Lafayette, LA 70598-1129 (337) 291-1000 COUNSEL FOR THIRD-PARTY APPELLEE: Southern General Agency, Inc. Landers James Huey Gibson Allen & Gooch P. James Street Alexandria, LA 71301 (318) 445-3696 COUNSEL FOR THIRD-PARTY APPELLEE: Melanie B. Glass Attorney at Law 1733 White Street Alexandria, LA 71301 (318) 484-2917 COUNSEL FOR DEFENDANT/APPELLEE: Stuart Nall Howard N. GREMILLION JUDGE ********** Court composed of Jimmie C. 243,648 HONORABLE THOMAS MARTIN YEAGER, DISTRICT JUDGE ********** SHANNON J. ********** APPEAL FROM THE NINTH JUDICIAL DISTRICT COURT PARISH OF RAPIDES, NO. STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 14-565 STACY DENISE WOLF, ET VIR.
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