Opinion
NO. 2016 CW 0389
06-29-2016
JAKE THERIOT v. INTERNATIONAL SHIPYARD, LLC AND DUDLEY J. DANTIN
In Re: New York Marine & General Insurance Company and The Indemnity Insurance Company of North America, applying for supervisory writs, 17th Judicial District Court, Parish of Lafourche, No. 110-118. BEFORE: WHIPPLE, C.J., GUIDRY, PETTIGREW, McDONALD, AND CRAIN, JJ.
WRIT GRANTED. The district court's judgment of February 24, 2016, denying defendants New York Marine & General Insurance Company and Indemnity Insurance Company of North America's Motion for Summary Judgment, is hereby reversed and judgment is entered in New York Marine & General Insurance Company and ACE, through Indemnity Insurance Company of North America's favor, granting their motion and dismissing plaintiff Jake Theriot's claims against them with prejudice. Relators met their burden of proof on the Motion for Summary Judgment, establishing there is an absence of factual support to establish defendant Dudley J. Dantin specifically intended to burn Theriot. Thereafter, Theriot failed to provide factual support sufficient to establish he will be able to satisfy his evidentiary burden of proof at trial. Thus, there are no genuine issues of material fact regarding Dantin's intent, and Theriot failed to provide factual support sufficient to establish the intentional tort exception applies to the present case. See La. Code Civ. P. art. 966(C)(2); Malbrough v. Halliburton Logging Services, Inc., 97-0378 (La. App. 1st Cir. 4/8/98), 710 So.2d 1149, writ denied, 98-1212 (La. 6/19/98), 720 So.2d 1217.
JMG
JTP
JMM
WJC
Whipple, C.J., dissents and would deny the writ application. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT