Opinion
NO. 2015 CW 0732
08-11-2015
FRANCIS ELAINE REAGAN v. THE RECREATION AND PARK COMMISSION FOR THE PARISH OF EAST BATON ROUGE (BREC)
In Re: The Recreation and Park Commission for the Parish of East Baton Rouge, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 605239. BEFORE: PETTIGREW, HIGGINBOTHAM AND CRAIN, JJ.
WRIT DENIED.
JTP
TMH
Crain, J., dissents and would grant the defendant's, The Recreation and Park Commission of East Baton Rouge, writ application and reverse the trial court's denial of the defendant's motion for summary judgment. The plaintiff, Elaine Francis Reagan, has failed to produce factual support sufficient to establish that she will be able to satisfy her evidentiary burden of proof at trial that the defect that caused her injuries was unreasonably dangerous; therefore, there is no genuine issue of material fact and the defendant is entitled to judgment as a matter of law. See La. Code Civ. P. art. 966(C)(2) & La. R.S. 9:2800. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT