Opinion
NO. 2018 CW 0655
05-24-2018
ROBERT L. RICHARD v. DOW CHEMICAL COMPANY, ET AL
In Re: Robert L. Richard, applying for supervisory writs, 18th Judicial District Court, Parish of Iberville, No. 77158. BEFORE: WHIPPLE, C.J., McDonald AND CHUTZ, JJ.
WRIT GRANTED. Upon our de novo review, we find the trial court erred when it refused to consider the deposition testimony of Hugh Lyman Richard. In refusing to consider this evidence, the trial court improperly made credibility determinations and weighed evidence. Hines v. Garrett, 2004-0806 (La. 6/25/04), 876 So.2d 764, 765 (per curiam). This deposition testimony should have been considered in ruling on BASF Corporation's Motion for Summary Judgment. This testimony established the existence of genuine issues of material fact, which precluded the grant of summary judgment. La. Code Civ. P. art. 966. Accordingly, the trial court's judgment granting BASF Corporation's Motion for Summary Judgment is reversed, and this matter is remanded to the trial court for proceedings consistent with this action.
VGW
JMM
WRC
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT