Erica Milton, Quincy Milton and Johnny Milton v. Cardiovascular Institute of The South, AAC, LLC

COURT OF APPEAL, FIRST CIRCUIT

ERICA MILTON, QUINCY MILTON NO. 2026 CW 0155

AND JOHNNY MILTON

VERSUS

CARDIOVASCULAR INSTITUTE OF JULY 28, 2026
THE SOUTH, AAC, LLC

In Re: SWS Enterprises, Inc. and Houston Specialty Insurance

19th Judicial
Company, apply -_
ng for supervisory writs,
District Court, Parish of East Baton Rouge, No. 713, 175.

BEFORE: MILLER, EDWARDS, AND FIELDS, JJ.

WRIT DENIED.

Miller, J., dissents and would reverse the trial court' s

December 18, 2025 ruling, granting summary judgment in favor of
defendants, SWS Enterprises, Inc. and Houston Specialty Insurance
Because the undisputed evidence establishes that
Company.
defendant, SWS Enterprises, Inc., completed its work and

relinquished custody, or garde, of the premises approximately six
weeks before the accident occurred, I find that defendants, SWS

Enterprises, Inc. and Houston Specialty Insurance Company, are

claims under La. Civ.
entitled to summary judgment on plaintiffs'
Code arts. 2315, 2317 and 2317. 1. Although defendants may remain
liable for contractual indemnification, such an obligation is
distinct from plaintiffs' claims against these defendants and does
not provide a basis for assigning a percentage of fault in this
matter.

T OF EAL,, FIRST C- 1.RCUIT

DEPUTY ICLERK OF COURT
FOR THE COURT