Nkemdi Agwaramgbo and Ezinne Agwaramgbo v. Warren Seals, Swift Transportation Company and Mohave Transportation Insurance Company

NKEMDI AGWARAMGBO * NO. 2023-CA-0478
AND EZINNE AGWARAMGBO
* COURT OF APPEAL
VERSUS
* FOURTH CIRCUIT
WARREN SEALS, SWIFT
TRANSPORTATION * STATE OF LOUISIANA
COMPANY AND MOHAVE
TRANSPORTATION *
INSURANCE COMPANY
*
*******

SCJ
JENKINS, J., CONCURS IN THE RESULT WITH REASONS

I respectfully concur in the result reached by the majority. I disagree,

however, with the depiction of the accident from the dash camera video evidence,

because the Court seemingly draws conclusions as to what occurred during the

accident. From my own viewing of the evidence, I find the video is not clear

enough to make certain statements of fact regarding which vehicles can be seen.

Upon viewing it, I find the dash camera video insufficient evidence to support

defendants’ motion for summary judgment. In addition, I find that the conflicting

expert reports and the conflicting deposition testimony are sufficient to create

genuine issues of material fact. And considering the latter conflicting evidence and

testimony, I find it is beyond the scope of review on a motion for summary

judgment to draw conclusions on factual matters, which are exclusively within the

purview of the trier of fact. Our finding that genuine issues of material fact exist is

sufficient to reverse and remand this matter to the district court for further

proceedings.