Logan Doucet v. CMS Management, LLC of Mississippi and Nicholson South Partnership in Commendam

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

LOGAN DOUCET NO. 2025 CW 0881
VERSUS

CMS MANAGEMENT, LLC OF
MISSISSIPPI AND NICHOLSON

SOUTH PARTNERSHIP IN FEBRUARY 18, 2026
COMMENDAM
In Re: CMS Management, LLC of Mississippi and Nicholson South

Partnership in Commendam, applying for supervisory
writs, 19th Judicial District Court, Parish of East
Baton Rouge, No. 739774.

BEFORE: MILLER, EDWARDS, AND FIELDS, JJ.

WRIT GRANTED. The district court's August 18, 2025 judgment
denying the motion for summary judgment filed by defendants, CMS
Management, LLC of Mississippi and Nicholson South Partnership
in Commendam, is reversed. A motion for summary judgment shall
be granted where the evidence demonstrates that there is no
genuine issue of material fact, and the mover is entitled to
judgment as a matter of law. La. Code Civ. P. art. 966(A) (3). As
the party moving for summary judgment, defendant sustained its
initial burden of proof by showing ea lack of factual support
concerning the existence of an unreasonably dangerous condition
on defendant’s property and actual or constructive notice of
defendant. The burden then shifted to plaintiff to produce
factual support sufficient to establish the existence of a
genuine issue of material fact as to the existence of an
unreasonably dangerous condition on defendant’s premises, and
whether defendant had actual or constructive notice of the
condition. Plaintiff failed to produce factual support
sufficient to show a genuine issue of material fact as to these
necessary elements of her claim. Accordingly, defendant's motion
for summary judgment is granted and the claims asserted by
plaintiff, Logan Doucet, against defendants, CMS Management, LLC
of Mississippi and Nicholson South Partnership in Commendam, are
dismissed.

SMM
BDE

“COURT OF APPEAL, FIRST CIRCUIT

~ DEPUTY CEERR OF COURS
\ FOR THE COURT