Opinion
NO. 2017 CW 0656
06-30-2017
ESTEBAN FLORES-MARIN AND FEDERICO FLORES-MARIN v. LANCE ANTHONY OSBORN, JOSEPH JUHASZ, JR., TOUCHES OF CLASS, AND/OR TOUCH OF CLASS AUTO & BODY SHOP, AND/OR TOUCHES OF CLASS AUTO CARE AND BODY, AND WESTERN WORLD INSURANCE COMPANY
In Re: Lance Anthony Osborne, Joseph Juhasz, Jr., Touches of Class, and/or Touch of Class Auto & Body Shop, and/or Touches of Class Auto Care and Body, and Western World Insurance Company, applying for supervisory writs, 21st Judicial District Court, Parish of Tangipahoa, No. 2015-2343. BEFORE: McDONALD, McCLENDON AND WELCH, JJ.
WRIT GRANTED. Pursuant to our de novo review of the supporting and opposing summary judgment documents, we conclude that a genuine issue of material fact exists as to whether the driver of the lead vehicle, plaintiff Esteban Flores-Marin, is comparatively at fault for causing the accident. Although a legal presumption exists that a following motorist who collides into the rear end of a leading automobile is at fault, the presumption does not in and of itself preclude an apportionment of fault to the lead driver where negligence can be shown. See Matherne v. Lorraine, 2003-2369 (La. App. 1st Cir. 9/17/04), 888 So.2d 244, 246. Accordingly, we grant the writ application and reverse the May 2, 2017 judgment that granted plaintiffs' motion for partial summary judgment on the issue of liability. Judgment is hereby rendered in favor of the defendants denying plaintiffs' motion for partial summary judgment.
JEW
JMM
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COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT