Opinion
NO. 2014 CW 1750
03-30-2015
PATRICK LASALLE v. STEPHEN ORLANDO
In Re: Stephen Orlando, applying for supervisory writs, 16th Judicial District Court, Parish of St. Mary, No. 125969. BEFORE: GUIDRY, PETTIGREW, McCLENDON, WELCH AND THERIOT, JJ.
WRIT GRANTED. The judgment of the district court dated November 17, 2014, denying the defendant, Stephen Orlando's, motion for partial summary judgment is reversed and the judgment is granted and plaintiff, Patrick LaSalle's, claim against defendant, Stephen Orlando, for exemplary damages under La. Civ. Code art. 2315.4 is dismissed. The plaintiff, Patrick LaSalle, has failed to produce factual support sufficient to establish that he will be able to satisfy his evidentiary burden of proof at trial that the defendant was intoxicated at the time of the May 4, 2012 incident at issue in this matter; therefore, there is no genuine triable issue of material fact on the issue of exemplary damages under La. Civ. Code art. 2315.4. See La. Code Civ. P. art. 966(C)(2).
JEW
MRT
PMc
Guidry, J. and Pettigrew, J., dissent and would deny the writ. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT