From Casetext: Smarter Legal Research

Lyons v. Airdyne Lafayette, Inc.

Supreme Court of Louisiana
Jun 22, 1990
563 So. 2d 260 (La. 1990)

Summary

In Lyons v. Airdyne Lafayette, Inc., 563 So.2d 260 (La. 1990), the Supreme Court stated in aper curiam decision that "[t]here is circumstantial evidence from which one could reasonably infer that the act was intentional, and weighing of factual evidence is inappropriate on a motion for summary judgment".

Summary of this case from Wood v. Becnel

Opinion

No. 90-C-0811.

June 22, 1990.

APPEAL FROM 15TH JUDICIAL DISTRICT COURT, PARISH OF LAFAYETTE, STATE OF LOUISIANA.


Granted. There is a genuine issue of material fact whether plaintiff's co-employee intentionally shot the stream of compressed air at plaintiff and injured him or whether the co-employee accidentally released the stream while repairing the compressor. There is circumstantial evidence from which one could reasonably infer that the act was intentional, and weighing of factual evidence is inappropriate on a motion for summary judgment. The case of Caudle v. Betts, 512 So.2d 389 (La. 1987), while presenting similar issues, was decided after trial on the merits.

The judgment of the lower court is reversed, the motion for summary judgment is denied, and the case is remanded to the district court for further proceedings.


Summaries of

Lyons v. Airdyne Lafayette, Inc.

Supreme Court of Louisiana
Jun 22, 1990
563 So. 2d 260 (La. 1990)

In Lyons v. Airdyne Lafayette, Inc., 563 So.2d 260 (La. 1990), the Supreme Court stated in aper curiam decision that "[t]here is circumstantial evidence from which one could reasonably infer that the act was intentional, and weighing of factual evidence is inappropriate on a motion for summary judgment".

Summary of this case from Wood v. Becnel

In Lyons, an employee sued a co-employee alleging injuries as a result of the co-employee shooting a stream of compressed air at the plaintiff.

Summary of this case from Villa v. Derouen
Case details for

Lyons v. Airdyne Lafayette, Inc.

Case Details

Full title:DEXTER PHILLIP LYONS v. AIRDYNE LAFAYETTE, INC., WAYNE HEBERT; AND PACIFIC…

Court:Supreme Court of Louisiana

Date published: Jun 22, 1990

Citations

563 So. 2d 260 (La. 1990)

Citing Cases

Wood v. Becnel

The Supreme Court has also recognized that circumstantial evidence can be used to defeat a motion for summary…

Wimbley v. McLiney Ctrs.

"If there is circumstantial evidence from which one could reasonably infer that the act was intentional,…