Opinion
2024 CW 0403
07-29-2024
TODD BLAIR AND VANESSA BLAIR v. LOUISIANA FARM BUREAU CASUALTY INSURANCE COMPANY, INDUSTRIAL SUPPORT SYSTEM, INC., ROD BRAUD AND JEFFERY DIEZ IN HIS INDIVIDUAL AND OFFICIAL CAPACITY AS AN OFFICER OF INDUSTRIAL SUPPORT SYSTEM, INC.
In Re: Industrial Support System, Inc., applying for supervisory writs, 23rd Judicial District Court, Parish of Ascension, No. 134617.
BEFORE: CHUTZ, GREENE, AND STROMBERG, JJ.
WRIT GRANTED WITH ORDER. The trial court's March 11, 2024 ruling that denied the motion for summary judgment filed by defendant, Industrial Support System, Inc., is vacated. Defendant raised objections to affidavits submitted by plaintiffs with their opposition to defendant's motion for summary judgment. The trial court failed to rule on the admissibility of such evidence in accordance with La. Code Civ. P. art. 966 (D)(2), which provides that the court shall specifically state on the record or in writing which documents, if any, it held to be inadmissible or declined to consider prior to rendering judgment. This matter is remanded to the trial court for compliance with La. Code Civ. P. art. 966(D) (2) and a ruling on defendant's motion for summary judgment after determination of any evidentiary issues pursuant to La. Code Civ. P. art. 966(C)(b)(4).
WRC
HG
TPS