Braxton Leblanc and Jenna Leblanc, on behalf of their minor children, Baylor Leblanc and Jensen Leblanc v. Ashley Furniture Industries, Inc. and Bellelo's Furniture & Appliance, L.L.C.

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

BRAXTON LEBLANC AND JENNA NO. 2022 CW 0858
LEBLANC, ON BEHALF OF THEIR
MINOR CHILDREN, BAYLOR

LEBLANC AND JENSEN LEBLANC

VERSUS

ASHLEY FURNITURE INDUSTRIES, OCTOBER 6, 2022
INC. AND BELLELO' S FURNITURE
APPLIANCE, L. L. C.

In Re: Ashley Furniture Industries, Inc., applying for

supervisory writs, 18th Judicial District Court,
Parish of West Baton Rouge, No. 45123.

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

WRIT GRANTED IN PART; DENIED IN PART. The portion of the
district court' s July 27, 2022 judgment granting Plaintiffs'
motion for summary judgment as to Ashley Furniture Industries,

Inc.' s Fifteenth Affirmative Defense is hereby reversed.

Whether Ashley knew or should have known of the characteristic

that caused Plaintiffs' damage or the danger of such

characteristic is a question of fact. See Minton v. Acosta,
2021- 1180 ( La. App. lst Cir. 6/ 3/ 22), 343 So. 3d 721, 729- 30.

Summary judgment is seldom appropriate for determinations based
on subjective facts of intent, motive, malice, good faith, or

knowledge because these subjective facts call for credibility
evaluations and the weighing of testimony. Berthelot v.

Indovina, 2021- 1546 ( La. App. lst Cir. 6/ 3/ 22), 343 So. 3d 209,
214- 15. We find genuine issues of material fact remain to
preclude summary judgment as to Ashley' s Fifteenth Affirmative
Defense. See La. Code Civ. P. art. 966( D)( 1). Accordingly,
Plaintiffs' motion for summary judgment as to Ashley' s Fifteenth
Affirmative Defense is denied. The writ application is denied
in all other respects.

VGW
JMG
EW

COURT OF APPEAL, FIRST CIRCUIT

Cq
DEPUTY
4 CLERK OF COURT
FOR THE COURT