Opinion
22-C-10
02-11-2022
MONTRELL BARARD v. WAL-MART INC., WAL-MART LOUISIANA, L.L.C., AND ABC INSURANCE COMPANY IN RE WAL-MART LOUISIANA, LLC AND WALMART INC.
APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE STEPHEN D. ENRIGHT, JR., DIVISION "N", NUMBER 798-443
Panel composed of Judges Susan M. Chehardy, Marc E. Johnson, and Hans J. Liljeberg
WRIT DENIED
In this writ application, relators, Walmart Inc. and Wal-Mart Louisiana, Inc. (collectively "Walmart"), seek this Court's supervisory review of the trial court's November 30, 2021 judgment in this slip and fall case denying Walmart's motion for summary judgment. At the close of the contradictory hearing on Walmart's motion, the trial court denied the motion finding that, based on its review of the pleadings and depositions attached (particularly, the depositions of respondent, Montrell Barard, and Walmart's representative, Stephian Ballard), there remained genuine issues of material fact which precluded summary judgment. After reviewing the record de novo, including the opposition filed by Ms. Barard, on the showing made, we see no reason to disturb the trial court's judgment. Accordingly, Walmart's writ application is denied.
Under Uniform Rules-Courts of Appeal, Rule 4-3, an application for summary writ must be filed within thirty days of the notice of the rendition of the judgment to be reviewed. See Vincent v. National General Ins. Co., 21-227 (La.App. 5 Cir. 10/13/21), 2021 WL 4768302; Ware v. Mumford, 04-118 (La.App. 5 Cir. 5/26/04), 875 So.2d 885. Oral notice of the rendition of judgment was given to the parties on November 16, 2021, and a written judgment denying Walmart's motion for summary judgment was signed by the trial court on November 30, 2021. The record does not contain a signed order by the trial court setting a return date for Walmart to file its writ application. While relator presented that it would supplement the record with a signed copy of the order, relator has failed to do so.
SMC
MEJ
HJL