Clerk of Court For the Court Lydia Amos, Et Al. v. K-jon, Inc., Et Al.

The Supreme Court of the State of Louisiana
Clerk of Court
For the Court
LYDIA AMOS, ET AL.
VS.
K-JON, INC., ET AL.
No.2020-CC-00750
_ _ _ _ _ _
IN RE: K-Jon, Inc. - Applicant Defendant; Hallmark Specialty Insurance Company
- Applicant Defendant; Andrew Warren Treme - Applicant Defendant; Applying For
Supervisory Writ, Parish of Calcasieu, 14th Judicial District Court Number(s) 2018-
2848, Court of Appeal, Third Circuit, Number(s) CW 20-00060;
_ _ _ _ _ _
October 20, 2020
Writ application granted. See per curiam.
SJC
BJJ
JLW
JTG
WJC
JHB
Hughes, J., would deny and assigns reasons.
Supreme Court of Louisiana
October 20, 2020
10/20/2020 "See News Release 040 for any Concurrences and/or Dissents."

10/20/20
SUPREME COURT OF LOUISIANA
NO. 2020-CC-0750
LYDIA AMOS, ET AL.
V.
K-JON, INC., ET AL.
ON SUPERVISORY WRIT TO THE 14TH JUDICIAL DISTRICT
COURT, PARISH OF CALCASIEU
PER CURIAM*
In this automobile accident case, plaintiff moved for partial summary judgment
on the ground she was free from fault. The district court granted partial summary
judgment in favor of plaintiff. Defendants applied to the court of appeal for
supervisory review. A five-judge panel of the court of appeal denied writs, with two
judges dissenting. Defendants now seek relief in this court.
We find the parties have presented two disputed versions of the facts of the
accident, which will require the trier of fact to make credibility determinations. It is
well settled the trial court cannot make credibility determinations on a motion for
summary judgment. Independent Fire Ins. Co. v. Sunbeam Corp., 1999-2181, p. 16-
17 (La. 2/29/00), 755 So.2d 226, 236. Therefore, summary judgment is not
appropriate.
Accordingly, the writ is granted. The judgment of the district court granting
partial summary judgment in favor of plaintiff is reversed, and the case is remanded
to the district court for further proceedings.
* Retired Judge James Boddie, Jr., appointed Justice pro tempore, sitting for the vacancy in
Louisiana Supreme Court District 4