Carmen Hawkins v. State of Louisiana Through the Department of Public Safety and Corrections, Office of The Louisiana State Police, and Robert Burns

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

CARMEN HAWKINS NO. 2021 CW 0548

VERSUS

STATE OF LOUISIANA THROUGH
THE DEPARTMENT OF PUBLIC
SAFETY AND CORRECTIONS,
OFFICE OF THE LOUISIANA
JULY 6, 2021
STATE POLICE, AND ROBERT

BURNS

In Re: Carmen Hawkins, applying for supervisory writs, 19th
Judicial District Court, Parish of East Baton Rouge,
No. 662, 625.

BEFORE: CHUTZ, PENZATO, AND LANIER, JJ.

WRIT DENIED. The criteria set forth in Herlitz

Construction Co., Inc. v. Hotel Investors of New Iberia, Inc.,
396 So. 2d 878 ( La. 1981) ( per curiam), are not met.

WRC
AHP

Lanier, J., dissents and would grant the writ. I would

reverse the portions of the district court' s April 26, 2021
judgment that denied the objections of plaintiff, Carmen
Hawkins, to defendant' s, Robert Burns', exhibit 4,
unauthenticated records of the Louisiana State Police and

Livingston Parish Sheriff' s Office, that ordered plaintiff to
produce and supplement the record with full deposition
transcripts of Robert Grimes and Shelly Scott, and that granted

defendant' s motion for summary judgment as to plaintiff' s claims
arising out of Robert Burns' visit to Collision Specialties.
See Poirrier v. Denoux, 2019- 1084 ( La. App. 1st Cir. 9/ 18/ 20),
2020 WL 5587089 ( unpublished). Plaintiff produced factual
support sufficient to establish the existence of a genuine issue
of material fact as to the claimconcerning the visit to the
collision repair shop and defendant is not entitled to summary
judgment as a matter of law. Accordingly, I would also find the
district court erred in assessing plaintiff with all costs. I
would deny the motion for summary judgment filed by defendant,
Robert Burns, as to plaintiff' s claims arising out of Robert
Burns' visit to Collision Specialties, with each
party to bear
their own costs.

COURT OF APPEAL, FIRST CIRCUIT

t ( J"PI ,A
DEPUTY CLERK OF COURT
FOR THE COURT