Helen Johnson v. Pinnacle Entertainment, Inc. d/b/a L'Auberge Casino & Hotel Baton Rouge and ABC Insurance Company

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

HELEN JOHNSON NO. 2021 CW 0598

VERSUS

PINNACLE ENTERTAINMENT,

INC., D/ B/ A/ L" AUBERGE
CASINO & HOTEL BATON ROUGE JULY 19, 2021
AND ABC INSURANCE COMPANY

In Re: Pinnacle Entertainment, Inc., applying for supervisory
writs, 19th Judicial District Court, Parish of East

Baton Rouge, No. 683198.

BEFORE: WHIPPLE, C. J., WELCH AND WOLFE, JJ.

WRIT GRANTED WITH ORDER. The trial court' s April 29, 2021
judgment denying the motion for summary judgment filed by
Defendant, Pinnacle Entertainment, Inc. is vacated. Pinnacle

raised a timely objection to evidence submitted in the reply to
its 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 consider

timely filed objections and specifically state on the record or
in writing which documents, if any, it held to be inadmissible
or declined to consider prior to ruling on the motion for

summary judgment. This matter is remanded to the trial 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 ofany evidentiary issues pursuant to La. Code

Civ. P. art. 966( C)( 4).

VGW
JEW
EW

COURT OF APPEAL, FIRST CIRCUIT

DEPUTYCOF COURT
FOR THE COURT