No. 83-257 Precedential Processed

Ardoin v. Pitre

Louisiana Court of Appeal, First Circuit · Filed April 14, 1983 · 430 So. 2d 815

Cited by

Isaiah Loucious v. Crest Industries La. Ct. App. 3d Cir. 2015
Loucious v. Crest Industries 181 So. 3d 956 La. Ct. App. 1st Cir. 2015
Estate of Lelia Marie Shelvin v. Michael J. Neustrom, Lafayette Parish Sheriff La. Ct. App. 3d Cir. 2015
Estate of Shelvin v. Neustrom 179 So. 3d 707 La. Ct. App. 1st Cir. 2015
Dwight Phillips and Joy Phillips, Indiv., Etc. v. Lafayette Parish School Board La. Ct. App. 3d Cir. 2010
Phillips v. Lafayette Parish School Board 54 So. 3d 739 La. Ct. App. 1st Cir. 2010
Farmers State Bank & Trust Co. v. Leger 503 So. 2d 1141 La. Ct. App. 1st Cir. 1987

Authorities cited

Identified automatically; this list may not be exhaustive.

Johnson v. Lumbermens Mutual Casualty Co. 241 So. 2d 23
Duplechain v. Houston Fire & Casualty Insurance Co. 155 So. 2d 459
Chaisson v. Domingue 365 So. 2d 1115
Landry v. EA Caldwell, Inc. 280 So. 2d 231
Latter & Blum, Inc. v. Von Ruekfrang 249 So. 2d 229
Hardee v. Kilpatrick Life Ins. Co. 373 So. 2d 982

Opinion text

WRIT GRANTED AND MADE PEREMPTORY: The defendants, Pitre Ford Company and Liberty Mutual Insurance Company, Motion for Summary Judgment is hereby granted. “It is well settled that once the movant meets its burden of showing that no genuine issue of material fact exists, the burden then shifts to the opponent to offer evidence to establish that there does exist a genuine issue of material fact. LSA C.C.P. Article 967; Johnson v. Lumbermens Mutual Casualty Company, 241 So.2d 23 (La.App. 3rd Cir.1970), writ denied February 4, 1971; Duplechain v. Houston Fire & Casualty Insurance Co., 155 So.2d 459 (La.App. 3rd Cir.1963); Chaisson v. Domingue, 365 So.2d 1115 (La.App. 3rd Cir.1978), writ granted February 23, 1979; Landry v. E.A. Caldwell, Inc., 280 So.2d 231 (La.App. 1st Cir. 1973); Latter & Blum, Inc. v. Von Ruekfrang, 249 So.2d 229 (La.App. 4th Cir.1971). A party faced with a motion for summary judgment cannot simply rely on general denials contained in his petition or in brief, but must file countervailing affidavits or give stated reasons why he cannot present facts by affidavit in support of his opposition to the motion. He may not simply rest on his laurels.” Hardee v. Kilpatrick Life Ins. Co., 373 So.2d 982 (3rd Cir.1979).