AND NAVIGATORS INSURANCE COMPANY On Supervisory Writ to the 21st Judicial District Court, Parish of Tangipahoa GRIFFIN, J. STEPHEN WAYNE SEAL, DIVERSIFIED WELL LOGGING, INC. McCallum, J., dissents for the reasons assigned by Justice Crichton and Justice Genovese. Genovese, J., dissents and assigns reasons. Crichton, J., dissents and assigns reasons. Weimer, C.J., additionally concurs and assigns reasons. Retired Chief Judge Felicia Toney Williams, appointed Justice ad hoc, sitting for Hughes, J., recused in case number 2020-CC-01148 only. AND NAVIGATORS INSURANCE COMPANY (Parish of Tangipahoa) AFFIRMED. Mohammad Almubaslat.” The Supreme Court found the trial court was within its discretion in vacating its prior ruling.įOR IMMEDIATE NEWS RELEASE NEWS RELEASE #037 FROM: CLERK OF SUPREME COURT OF LOUISIANA The Opinions handed down on the 30th day of September, 2021 are as follows: BY Griffin, J.: 2020-CC-01148 J. 1915(B) and found a genuine issue of material fact existed with respect to the issue of medical causation based on the “newly submitted affidavit of Dr. The trial court vacated its prior ruling, concluding the Zapatas’ motion to vacate was authorized by La. 966(B) and consider evidence that was previously available to the Zapatas in July 2018, prior to the original hearing on the motion for partial summary judgment. DWL opposed on the grounds that it would be improper for the trial court to disregard the time limitations set forth in La. The Zapatas moved to vacate the partial summary judgment, attaching the affidavit by Dr. At the hearing the trial court agreed with DWL and granted partial summary judgment in its favor. DWL replied, arguing that because the opposition was untimely, the attachments should be stricken and the Zapatas’ counsel precluded from presenting oral argument. Zapata’s preexisting lower back injuries and necessitated the surgery. Mohammad Almubaslat to support the assertion that the accident aggravated Mr. Twelve days before the hearing, the Zapatas filed an opposition, attaching a July 2018 report by Dr. DWL moved for partial summary judgment seeking to dismiss the Zapatas’ claim that the lower back surgery was necessitated by the accident. Zapata after the accident, opined in his deposition that he did not causally relate that surgery to the subject accident. Olawale Sulaiman, who performed lower back surgery on Mr. Zapata and his wife filed suit against DWL and its insurer alleging both new injuries and aggravation of preexisting lower back injuries sustained in a prior motor vehicle accident. Benjamin Zapata was struck from behind by a vehicle operated by Stephen Seal and owned by Diversified Well Logging, Inc. The underlying action arose out of a motor vehicle accident in which J. The specific issue presented was whether a trial court, having granted defendants’ motion for partial summary judgment based on plaintiffs’ failure to timely file an opposition, could later vacate that judgment when the plaintiffs produce an expert affidavit based on evidence that was previously available in advance of the original hearing. The Louisiana Supreme Court granted review in this case to examine the interplay between two provisions of the Louisiana Code of Civil Procedure in the context of partial summary judgment.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |