Jason Jones and Stephanie Jones, individually and o/b/o Caleb Jones v. State of Louisiana, through Department of Transportation and Development

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

JASON JONES AND STEPHANIE NO. 2021 CW 0342
JONES, INDIVIDUALLY AND
0/ B/ O CALEB JONES

VERSUS

STATE OF LOUISIANA, THROUGH MAY 24, 2021
DEPARTMENT OF TRANSPORTATION
AND DEVELOPMENT, ET AL

In Re: State of Louisiana, through the Department of

Transportation and Development ( DOTD), applying for

supervisory writs, 18th Judicial District Court,
Parish of West Baton Rouge, No. 43264.

BEFORE: THERIOT, WOLFE, AND HESTER, JJ.

WRIT GRANTED WITH ORDER. The district court' s February 26,
2021 ruling denying the motion for summary judgment filed by
Defendant, State of Louisiana through the Department of

Transportation and Development, is vacated. The parties each

raised timely objections to evidence submitted in support of and
opposition to the motion for summary judgment. However, the
district court failed to rule on the admissibility of such

evidence. La. Code Civ. P. art. 966( D)( 2) provides that the

court shall specifically state on the record or in writing which
documents, if any, it held to be inadmissible or declined to
consider. This matter is remanded to the district court for
compliance with La. Code Civ. P. art. 966( D) ( 2) and a ruling on
the motion for summary judgment filed by the defendant after

determination of any evidentiary issues pursuant to La. Code
Civ. P. art. 966( C)( 4).

MRT
EW
CHH

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT
FOR THE COURT