Todd Blair and Vanessa Blair v. Southern Farm Bureau Insurance Company, Industrial Support System, Inc. Rod Braud and Jeff Diez, in his individual and official capacity as officer of Industrial Support System, Inc.
Todd Blair and Vanessa Blair v. Southern Farm Bureau Insurance Company, Industrial Support System, Inc. Rod Braud and Jeff Diez, in his individual and official capacity as officer of Industrial Support System, Inc., No. 2024CW0403 (La. Ct. App. 1st Cir. July 29, 2024).
Opinion text
STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
TODD BLAIR AND VANESSA BLAIR NO. 2024 CW 0403
VERSUS
LOUISIANA FARM BUREAU
CASUALTY INSURANCE COMPANY,
INDUSTRIAL SUPPORT SYSTEM,
INC., ROD BRAUD AND JEFFERY
DIEZ IN HIS INDIVIDUAL AND
OFFICIAL CAPACITY AS AN
JULY 29, 2024
OFFICER OF INDUSTRIAL
SUPPORT SYSTEM, INC.
In Re: Industrial Support System, Inc., applying for
23rd Judicial District Court, Parish
supervisory writs,
of Ascension, No. 134617.
BEFORE: CHUTZ, GREENE, AND STROMBERG, JJ.
WRIT GRANTED WITH ORDER. The trial court' s March 11, 2024
ruling that denied the motion for summary judgment filed by
defendant, Industrial Support System, Inc., is vacated. Defendant
raised objections to affidavits submitted by plaintiffs with their
opposition to defendant' s motion for summary judgment. The trial
court failed to rule on the admissibility of such evidence in
accordance with La. Code Civ. P. art. 966 ( D) ( 2), which provides
that the court shall specifically state on the record or in writing
which documents, if any, it held to be inadmissible or declined to
consider prior to rendering judgment. This matter is remanded to
the trial court for compliance with La. Code Civ. P. art. 966( D) ( 2)
and a ruling on defendant' s motion for summary judgment after
determination of any evidentiary issues pursuant to La. Code Civ.
P. art. 966 ( C) ( b) ( 4) .
WRC
HG
TPS
COURT OF APPEAL, FIRST CIRCUIT
DEPUTY CLERK Oe,,, OURT
FOR THE COURT