Summary
In Norlander, 680 So.2d at 1167, the Louisiana Supreme Court specifically stated that "[a] motion for summary judgment was proper for the defendant's alleged employer to seek dismissal from the action based on defendant's being outside the course and scope of employment."
Summary of this case from Bolton v. Tulane Univ.Opinion
No. 96-C-1627
October 4, 1996
IN RE: Louisiana Health Serv. Indmn. Co; Blue Cross; — Defendant(s); Applying for Writ of Certiorari and/or Review; to the Court of Appeal, Third Circuit, Number CA95-1664, CA95-1535; Parish of Rapides 9th Judicial District Court Div. "H" Number 176,375
Granted with order. See per curiam.
HTL
PFC
WFM
JCW
BJJ
JPV
EJB
KIMBALL, J. not on panel.
Granted. The court of appeal's pretrial holding, deciding only that defendant was in the course and scope of his employment, was an improper use of summary judgment that promoted piecemeal appeals. A motion for summary judgment was proper for the defendant's alleged employer to seek dismissal from the action based on defendant's being outside the course and scope of employment. But plaintiff's cross-motion for summary judgment, seeking a decision on one of several issues on which plaintiff must prevail at the trial on the merits in order to win the case, was an improper use of this procedural vehicle.
The summary judgment rendered by the court of appeal is set aside, and the case is remanded to the trial court for trial on the merits.
Kimball, J., — not on panel.