Cited by

Opinions in Louisiana that cite Vermilion Corp. v. Vaughn, 397 So. 2d 490.

265 citing documents.

Robie's Food Centers, Inc. v. Modern Business Machines of Lafayette, Inc. 562 So. 2d 54 La. Ct. App. 1st Cir. 1990
Guidry v. Park Dell Terrace Partnership 561 So. 2d 501 La. Ct. App. 3d Cir. 1990
BP Venture v. Stucki 562 So. 2d 461 La. Ct. App. 1st Cir. 1990
Langley v. Oxford Chemicals, Inc. 559 So. 2d 520 La. Ct. App. 2d Cir. 1990
Menard v. Zeno 558 So. 2d 744 La. Ct. App. 3d Cir. 1990
the Supreme Court articulated the standard for summary judgment as follows: "A motion for summary judgment is properly granted only if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to material
Manders v. Singleton 558 So. 2d 772 La. Ct. App. 5th Cir. 1990
Daniels v. Dauphine 557 So. 2d 1062 La. Ct. App. 2d Cir. 1990
Herod v. American Service Life Ins. Co. 554 So. 2d 783 La. Ct. App. 5th Cir. 1989
as follows: "A motion for summary judgment is properly granted if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact, and that mover is entitled to judgment as a matter of law.
Brown v. Rougon 552 So. 2d 1052 La. Ct. App. 1st Cir. 1989
Stewart v. Dixilyn-Field Drilling 552 So. 2d 710 La. Ct. App. 3d Cir. 1989
at page 493: *712 "A motion for summary judgment is properly granted only if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to material fact, and that mover is entitled to judgment as a matter of la
Penalber v. Blount 550 So. 2d 577 La. 1989
Guaranty Income Life Insurance Co. v. Prepaid Dental Marketing Systems, Inc. 551 So. 2d 769 La. Ct. App. 1st Cir. 1989
Jarvis v. JI Case Co. 551 So. 2d 61 La. Ct. App. 1st Cir. 1989
Backhus v. Transit Cas. Co. 549 So. 2d 283 La. 1989
Casson v. Hartford Fire Ins. Co. 548 So. 2d 66 La. Ct. App. 3d Cir. 1989
Hondroulis v. Schumacher 546 So. 2d 466 La. 1989
993 , 8 L.Ed.2d 176 (1962)
Eldridge v. Bonanza Family Restaurant 542 So. 2d 1146 La. Ct. App. 3d Cir. 1989
Roberson Advertising Services v. Associated Agencies, Inc. 543 So. 2d 960 La. Ct. App. 1st Cir. 1989
Giddings v. Commercial Union Ins. Co. 539 So. 2d 66 La. Ct. App. 2d Cir. 1989
Art. 966; Vermilion *68 (La.
Bryant v. Gillespie Well Service, Inc. 537 So. 2d 788 La. Ct. App. 2d Cir. 1989
Furthermore, it was held that a party’s failure to plead a material fact appearing in the opposing party’s affidavit did not preclude consideration of that fact by the trial judge in ruling on the motion for summary judgment.
Eads Operating Co., Inc. v. Thompson 537 So. 2d 1187 La. Ct. App. 1st Cir. 1988
American Bank and Trust Company v. Sunbelt Environmental Systems, Inc., (La.
Hondroulis v. Schumacher 533 So. 2d 1221 La. 1988
993 , 8 L.Ed.2d 176 (1962)
Chauvin v. Jefferson Parish School Board 534 So. 2d 1359 La. Ct. App. 1st Cir. 1988
Fremin's Food & Furniture, Inc. v. Teche Electric Cooperative, Inc. 533 So. 2d 1347 La. Ct. App. 1st Cir. 1988
Vath v. Alonzo 532 So. 2d 927 La. Ct. App. 1st Cir. 1988
Taking this allegation as true, which we must do for purposes of summary judgment, Vermilion Corp. v. Vaughn it clearly raises a reasonable inference that the brake lights on the vehicle were not functioning properly.
Van Alton v. FISK ELEC., INC. 531 So. 2d 1175 La. Ct. App. 4th Cir. 1988
addressed the issue of the mover's burden of proof in a summary judgment procedure: Because the mover has the burden of establishing that no material factual issue exists, inferences to be drawn from the underlying facts contained in the materials before the court must be viewed in the light most favor
Bourgeois v. Jordan 527 So. 2d 603 La. Ct. App. 3d Cir. 1988
Kenney v. Cessna Aircraft Co. 525 So. 2d 666 La. Ct. App. 1st Cir. 1988
American Bank & Trust Co. in Monroe v. Vinson 528 So. 2d 693 La. Ct. App. 2d Cir. 1988
American Bank & Trust Co. v. Vinson 528 So. 2d 693 La. Ct. App. 2d Cir. 1988
Louisiana Employers Safety Ass'n Insurers Fund v. Derouen 527 So. 2d 34 La. Ct. App. 1st Cir. 1988
Smith v. American Universal Insurance Co. 522 So. 2d 1366 La. Ct. App. 2d Cir. 1988
Placid Refining Co. v. Privette 523 So. 2d 865 La. Ct. App. 1st Cir. 1988
art. 966; Dixie Campers, supra ; Chaisson v. Domingue, 372 So.
Raybol v. Louisiana State University 520 So. 2d 724 La. 1988
Duvalle v. Lake Kenilworth, Inc.
Knox v. Pelias 522 So. 2d 715 La. Ct. App. 1st Cir. 1988
Tony's Auto Parts, Inc. v. Honeywell, Inc. 522 So. 2d 680 La. Ct. App. 5th Cir. 1988
Hines v. Remington Arms Co., Inc. 522 So. 2d 152 La. Ct. App. 3d Cir. 1988
Weems v. Hickman 524 So. 2d 792 La. Ct. App. 3d Cir. 1988
Wilhite v. Foster Wheeler Energy Corp. 517 So. 2d 1164 La. Ct. App. 1st Cir. 1987
Benoit v. Grey Wolf Drilling, Inc. 520 So. 2d 1104 La. Ct. App. 3d Cir. 1987
In answering our question affirmatively, : "Defendants' failure to plead the destruction of a natural waterway in their answers does not preclude consideration of such a material fact appearing in their opposing affidavit.
Toups v. Hawkins 518 So. 2d 1077 La. Ct. App. 5th Cir. 1987
Moreover, To satisfy his burden the mover must meet a strict standard by a showing that is quite clear what the truth is, and that excludes any real doubt as to the existence of any genuine issue of material fact.
Wilde v. McMilleon 513 So. 2d 551 La. Ct. App. 2d Cir. 1987
St. Pierre v. Lombard 512 So. 2d 1206 La. Ct. App. 5th Cir. 1987
Garner v. AVOYELLES SHERIFF'S DEPT. 511 So. 2d 8 La. Ct. App. 3d Cir. 1987
Thornhill v. Black, Sivalls & Bryson, Inc., supra; "
Bares v. Stone Oil Corp. 510 So. 2d 102 La. Ct. App. 3d Cir. 1987
Peterson v. Skains 509 So. 2d 197 La. Ct. App. 1st Cir. 1987
our supreme court stated: A motion for summary judgment is properly granted only if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to material fact, and that mover is entitled to judgment as a
Guillory v. Ducote 509 So. 2d 455 La. Ct. App. 3d Cir. 1987
St. Cyr v. Catherine's Stout Shoppe 505 So. 2d 741 La. Ct. App. 1st Cir. 1987
Daret v. Halmar Construction Co. 505 So. 2d 69 La. Ct. App. 1st Cir. 1987
Farmers State Bank & Trust Co. v. Leger 503 So. 2d 1141 La. Ct. App. 1st Cir. 1987