Opinion
NO. 2016 CW 0011
04-28-2016
GEORGAN W. GILLESPIE v. BRIAN WEDERSTRANDT DBA BRIAN'S SUPERMARKET; LJMB, INC.; WEDERSTRANDT INVESTMENT PROPERTIES, LLC
In Re: LJMB, Inc. d/b/a Brian's Supermarket and Wederstrandt Investment Properties, LLC, applying for supervisory writs, 21st Judicial District Court, Parish of Livingston, No. 146518. BEFORE: PETTIGREW, McDONALD, McCLENDON, WELCH AND THERIOT, JJ.
WRIT NOT CONSIDERED. This writ application fails to comply with the Uniform Rules of Louisiana Courts of Appeal, Rules 4-5. Def endants/Relators did not include a copy of the petition in violation of Rule 4-5(C)(8). In order for this Court to examine the trial court's ruling, it must be presented with the pleadings on which the judgment was founded.
Supplementation of this writ application and/or an application for rehearing will not be considered. Rules 4-9 and 2-18.7, Uniform Rules of Louisiana Courts of Appeal.
In the event Defendants/Relators seek to file a new application with this Court, it must contain all pertinent documentation and must comply with Rules 2-12.2 of the Uniform Rules of Louisiana Court of Appeal. Any new application must be filed on or before May 12, 2016 and must contain a copy of this ruling.
MRT
JTP
JEW
McDonald and McClendon, JJ., dissent and would grant the writ. After conducting a de novo review, we conclude there is no genuine issue of material fact that the complained-of condition was obvious and apparent and reasonably safe for persons exercising ordinary care and prudence, and Defendants, LJMB, Inc. d/b/a Brian's Supermarket and Wederstrandt Investment Properties, LLC, would be entitled to judgment as a matter of law. La. Code Civ. P. Art. 966(B)(2) (prior to the 2016 Amendment). See also Bufkin v. Felipe's Louisiana, LLC, 2014-02.88 (La. 10/15/14), 171 So.3d 851. See also Rodriguez v. Dolgencorp, LLC, 2014-1725 (La. 11/14/14), 152 So.3d 871 (per curiam). LJMB, Inc. d/b/a Brian's Supermarket and Wederstrandt Investment Properties, LLC pointed out the absence of factual support regarding the essential element that the ramp transition presents an unreasonable risk of harm to pedestrians. The burden then shifted to the Plaintiff, Georgan W. Gillespie, to come forward with evidence to show that a duty was owed by the Defendants, LJMB, Inc. d/b/a Brian's Supermarket and Wederstrandt Investment Properties, LLC. Ms. Gillespie failed to produce factual support sufficient to establish that she will be able to satisfy her evidentiary burden of proof at trial with respect to this essential, element. See Allen v. Lockwood, 2014-1724 (La. 2/13/15), 156 So.3d 650 (per curiam). Accordingly, we would grant the writ application and reverse the judgment of the trial court signed on January 11, 2016, which denied the motion for summary judgment, and would render judgment dismissing Ms. Gillespie's claims against LJMB, Inc. d/b/a Brian's Supermarket and Wederstrandt Investment Properties, LLC with prejudice. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT