Opinion
NO. 2018 CW 0228
07-26-2018
JODY GASPARD, ET AL v. MARVIN HUTSON, BRIAN DAUZAT TRUCKING, LLC, QBE SPECIALTY INSURANCE, HELENA CHEMICAL COMPANY AND ABC INSURANCE COMPANY
In Re: Helena Chemical Company, applying for supervisory writs, 18th Judicial District Court, Parish of Pointe Coupee, No. 46602. BEFORE: WHIPPLE, C.J., McDONALD, HIGGINBOTHAM, HOLDRIDGE AND CHUTZ, JJ.
WRIT GRANTED. The trial court's August 21, 2017 judgment denying the motion for summary judgment filed by Helena Chemical Company is reversed. We find that defendant, Helena Chemical Company, has pointed out to the court the absence of factual support for one or more elements essential to plaintiffs' claims, and plaintiffs failed to produce factual support sufficient to establish the existence of a genuine issue of material fact. See La. Code Civ. P. art. 966(D)(1). We further find that the affidavit of the expert submitted by defendant, Helena Chemical Company, was admissible because plaintiffs failed to file a motion to exclude such affidavit under La. Code Civ. P. art. 1425(f). Accordingly, the motion for summary judgment filed by defendant, Helena Chemical Company, is granted, and plaintiff's claims against defendant, Helena Chemical Company, are dismissed with prejudice.
WRC
JMM
GH
Whipple, C.J. and Higginbotham, J., dissent and would deny the writ. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT