Grimes v. Louisiana Medical Mutual Insurance Co.
Also decided on this docket: La. Ct. App. 1st Cir., September 11, 2009 29 So. 3d 505
Grimes v. Louisiana Medical Mutual Insurance Co., 29 So. 3d 505 (La. Ct. App. 1st Cir. 2009).
Authorities cited
Identified automatically; this list may not be exhaustive.
- Hines v. Garrett 876 So. 2d 764
Opinion text
PETTIGREW, J., concurring. hi agree with the majority’s opinion. Further, I am of the opinion that the trial court made credibility and factual findings in the context of a summary judgment, which should have been reserved to the trier of fact. In ruling on a motion for summary judgment, the trial court’s role is not to evaluate the weight of the evidence or to determine the truth of the matter, but instead to determine whether there is a genuine issue of material fact. Hines v. Garrett, 04-0806, p. 1 (La.6/25/04), 876 So.2d 764, 765 . I find multiple issues of material fact still in dispute, and summary judgment was inappropriate.