Opinion
NO. 2018 CW 1276
02-20-2019
CLARA BELLAZAR v. STATE OF LOUISIANA THROUGH THE DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, ET AL
In Re: State of Louisiana through the Department of Transportation and Development and Cody Navarro, applying for supervisory writs, 21st Judicial District Court, Parish of Tangipahoa, No. 20170002214. BEFORE: GUIDRY, THERIOT, AND PENZATO, JJ.
WRIT GRANTED. The trial court's judgment rendered on July 14, 2018 and signed on August 8, 2018, which denied the motion for summary judgment filed by defendants, the State of Louisiana through the Department of Transportation and Development ("DOTD") and Cody Navarro, is reversed. This court finds that, under the facts of the case, the DOTD and its employee, Cody Navarro, are entitled to immunity under La. R.S. 29:735(A)(1) from the claims of the plaintiff, Clara Bellazar. There is no genuine issue of material fact, and the DOTD and Cody Navarro are entitled to judgment, as a matter of law. The motion for summary judgment filed by the DOTD and Cody Navarro is granted, and the claims of Clara Bellazar against the DOTD and Cody Navarro are dismissed in their entirety, with prejudice.
AHP
JMG
MRT
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT