Opinion
No. 2023-C-00623
06-26-2023
Emanuel BAHAM v. FISK ELECTRIC COMPANY, Regional Transit Authority, All Star Electric, Inc. and the City of New Orleans
PER CURIAM
Writ application granted. See per curiam.
Writ granted. Defendant is not entitled to judgment as a matter of law. First, there is conflicting testimony on whether the site of the incident was properly marked. Resolution of that testimony regarding a material fact is not appropriate for summary judgment. Second, while assumption of the duty is largely a legal question, the particular circumstances at issue here are closely intertwined with factual determinations, including whether Malone Electrical assumed the duty to control the work site and its safety. Third, material issues of fact remain regarding what control Malone Electrical had over the project and site. Summary judgment in favor of Malone Electrical is reversed, and the matter is remanded to the trial court for further proceedings consistent with this opinion. REVERSED AND REMANDED.