Charmaine Richard Renfroe and Warren L. Renfroe v. Evriholder Products, LLC, and Wal-Mart Stores, Inc.
Charmaine Richard Renfroe and Warren L. Renfroe v. Evriholder Products, LLC, and Wal-Mart Stores, Inc., No. 2020CW1056 (La. Ct. App. 1st Cir. Mar. 23, 2021).
Authorities cited
Identified automatically; this list may not be exhaustive.
- 633 So. 2d 1324 not in our corpus
- Baldwin v. Kikas 643 So. 2d 144
- Maldanado v. STATE, THROUGH DEPT. OF TRANSP. 618 So. 2d 537
- Hunt v. Milton J. Womack, Inc. 623 So. 2d 1309
Opinion text
STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
CHARMAINE RICHARD RENFROE NO. 2020 CW 1056
AND WARREN L. RENFROE
VERSUS
EVRIHOLDER PRODUCTS, LLC, MARCH 23, 2021
AND WAL- MART STORES, INC.
In Re: Evriholder Products, LLC, for
applying supervisory
writs, 16th Judicial District Court, Parish of St.
Mary, No. 131538.
BEFORE: WHIPPLE, C. J., MCDONALD, WELCH, CHUTZ AND HESTER, JJ.
WRIT GRANTED. The district court' s October 22, 2020
judgment denying the Motion for Summary Judgment filed by
Defendant, Evriholder Products, LLC, is hereby reversed.
Evriholder Products, LLC to the
successfully pointed out
district court the absence of factual support for an essential
element of Plaintiffs' claim,
namely that Evriholder Products,
LLC is the manufacturer of the subject grill brush that caused
Mrs. Renfroe' s injury. See Baldwin v. Kikas, 93- 1739 ( La. App.
4th Cir. 4/ 14/ 94), 633 So. 2d 1324, 1327, writ denied, 94- 1264
La. 9/ 2/ 94), 643 So. 2d 144 ( affirming judgment because
summary
of insufficient evidence of the identity of manufacturer or
seller); Maldanado v. State Through Dept. of Transportation, 618
So. 2d 537, 538- 39 ( La. App. 4th Cir.), writ denied, 623 So. 2d
1309 ( La. 1993) ( proof of
identity of the manufacturer is an
element of plaintiff' s claim). Plaintiffs failed to produce
factual support sufficient to establish the existence of a
genuine issue of material fact. As a result, the Motion for
Summary Judgment filed
by Evriholder Products, LLC is granted,
and all claims
asserted by Plaintiffs, Charmaine Richard Renfroe
and Warren L. Renfroe, against Evriholder Products, LLC are
dismissed with prejudice.
JMM
JEW
WRC
CHH
Whipple, C. J., dissents. In opposition to the motion for
summary judgment filed by Defendant, Evriholder Products,
LLC, Plaintiffs presented two affidavits that provided factual
support
sufficient to establish the existence of a genuine issue
of material fact as to whether Evrihoder Products, LLC is the
manufacturer of the grill brush that caused Plaintiffs' harm.
Therefore,
I would deny the writ application.
COURT OF APPEAL, FIRST CIRCUIT
r
n
EPUTY C R OF COURT
FOR THE COURT