Emanuel Baham v. Fisk Electric Company, Regional Transit Authority, All Star Electric, Inc. And The City Of New Orleans

Supreme Court of Louisiana
June 26, 2023
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
EMANUEL BAHAM
VS.
FISK ELECTRIC COMPANY, REGIONAL
TRANSIT AUTHORITY, ALL STAR
ELECTRIC,
INC. AND THE CITY OF NEW
ORLEANS
No. 2023-C-00623
_ _ _ _
_ _
IN R
E: Emanuel Baham - Applicant Plaintiff; Applying For Writ Of Certiorari,
Parish of Orleans Civil, Orleans Civil District Court Number(s) 2015-05377, Court
of Appeal, Fourth Circuit, Number(s) 2022CA0551;
_ _ _ _ _ _
June 26, 2023
Writ application granted. See per curiam.
WJC
JLW
JDH
SJC
JTG
JBM
PDG
06/26/2023 "See News Release 030 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 2023-C-00623
EMANUEL BAHAM
VS.
FISK ELECTRIC COMPANY, REGIONAL TRANSIT AUTHORITY, ALL
STAR ELECTRIC, INC. AND THE CITY OF NEW ORLEANS
On Writ of Certiorari to the Court of Appeal, Fourth Circuit, Parish of Orleans
Civil
PER CURIAM
Writ granted. Defendant is not entitled to judgment as a matter of law. First,
there is conflicting testimony on whether the site of the incident was properly
marked. Resolution of that testimony regarding a material fact is not appropriate for
summary judgment. Second, while assumption of the duty is largely a legal
question, the particular circumstances at issue here are closely intertwined with
factual determinations, including whether Malone Electrical assumed the duty to
control the work site and its safety. Third, material issues of fact remain regarding
what control Malone Electrical had over the project and site. Summary judgment in
favor of Malone Electrical is reversed, and the matter is remanded to the trial court
for further procee dings consistent with this opinion . REVERSED AND
REMANDED.
06/26/23