Calvin J. Hill, Individually and as the of the Succession of Elnora Johnson Hill v. TMR Exploration, Inc., Park Exploration, Inc. and Vitol Resources, Inc.

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

CALVIN J. HILL, INDIVIDUALLY NO. 2021 CW 0221
AND AS THE EXECUTOR OF THE
SUCCESSION OF ELNORA JOHNSON
HILL

VERSUS

TMR EXPLORATION, INC., PARK

EXPLORATION, INC., AND VITOL
JULY 20, 2021
RESOURCES, INC.

In Re: Schlumberger Technology Corporation, applying for

supervisory writs, 18th Judicial District Court,

Parish of West Baton Rouge, No. 41245.

BEFORE: McDONALD, HOLDRIDGE, AND PENZATO, JJ.

WRIT DENIED.

GH

AHP

McDonald, J., dissents and would grant the writ

application. I would reverse the trial court' s February 25,
2021 judgment denying the motion for summary judgment filed by
defendant, Schlumberger Technology Corporation. Schlumberger

Technology Corporation pointed out the absence of factual
support for one or more essential elements of plaintiffs'

claims. Defendant pointed out the absence of factual support

that it breached its duty to act as a reasonable contractor,

that it entered plaintiffs' property and committed damage
thereon which would constitute subsurface trespass, or that it
knew or, in the exercise of reasonable care, should have known
that its work would cause damage or that it failed to exercise

such reasonable care pursuant to La. Civ. Code art. 667.
Plaintiffs failed to produce factual support sufficient to
establish the existence of a genuine issue of material fact as

to these essential elements or that defendant is not entitled to
judgment as a matter of law. La. Code Civ. P. art. 966 ( D) ( 1) .

Accordingly, I would grant the motion for summary judgment filed
by defendant, Schlumberger Technology Corporation, and dismiss
with prejudice plaintiffs' claims against defendant,

Schlumberger Technology Corporation.

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT
FOR THE COURT