Jeremy Williams v. Stupp Coatings, LLC
Jeremy Williams v. Stupp Coatings, LLC, No. 2023CW1227 (La. Ct. App. 1st Cir. Jan. 29, 2024).
The holding in the court’s own words
On de novo review, we conclude genuine issues of material fact exist as to whether Jeremy Williams' accident was " substantially certain" to occur.
Quoted verbatim from the opinion — no paraphrase, nothing generated. Not yet human-reviewed. How we find the holding.
Opinion text
STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
JEREMY WILLIAMS NO. 2023 CW 1227
VERSUS
STUPP COATINGS, LLC JANUARY 29, 2024
In Re: Kandis Bradley, individually as spouse of Jeremy
Williams, Sr., and on behalf of her minor child,
Kyleigh Williams, Daidrell Jackson, on behalf of her
minor children, Jeremy Williams, Jr., Jermarion Baker,
Houston Williams, and Jerney Jackson, and Alicia
Maloid, on behalf of her minor child, A'layjah Maloid,
applying for supervisory writs, 19th Judicial District
Court, Parish of East Baton Rouge, No. 703766.
BEFORE: McCLENDON, HESTER, AND MILLER, JJ.
WRIT GRANTED. The portion of the trial court's October 18,
2023 judgment which granted, in part, Stupp Coatings, LLC's
motion for summary judgment and dismissed plaintiffs' claim that
the conduct of Stupp Coatings, LLC constituted an intentional
act is reversed. On de novo review, we conclude genuine issues
of material fact exist as to whether Jeremy Williams' accident
was " substantially certain" to occur. See Reeves v. Structural
Pres . Sys . , 9 8 -179 5 ( La . 3 / 12 / 9 9) , 7 31 So . 2d 2 08 , 211 .
Therefore, the motion for summary judgment on that claim is
denied.
PMc
CHH
SMM
COURT OF APPEAL, FIRST CIRCUIT
DEPUTY CLERK OF COURT
FOR THE COURT