Opinion
NO. 2015 CW 0448
08-28-2015
TODD HEBERT v. MICHAEL RAY LANCE AND AMERICAN ALTERNATIVE INSURANCE CORPORATION
In Re: Michael Ray Lance and American Alternative Insurance Corporation, applying for supervisory writs, 16th Judicial District Court, Parish of St. Mary, No. 126175. BEFORE: PETTIGREW, WELCH, HIGGINBOTHAM, CRAIN AND THERIOT, JJ.
WRIT DENIED.
JTP
JEW
MRT
Higginbotham and Crain, JJ., dissent and would grant defendant's writ application, and reverse the trial court's judgment on the cross motions for summary judgment. The reckless disregard standard is applicable to the instant matter pursuant to La. R.S. 32:24. Genuine issues of material fact exist as to whether Michael Lance's actions were in fact reckless or grossly negligent, as there was conflicting testimony with regard to his actions. These questions of fact preclude summary judgment. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT