Opinion
NO. 2014 CW 1442
01-12-2015
TRUMAN STANLEY, III v. AIRGAS-SOUTHWEST, INC., PRAXAIR, INC., GULF COAST HYDROSTATIC TESTERS, LLC, ENGINEERED CONTROLS INTERNATIONAL, LLC AND T.H. COCHRANE LABORATORIES, LTD.
In Re: Truman Stanley, III, applying for supervisory writs, 23rd Judicial District Court, Parish of Ascension, No. 104043.
BEFORE: GUIDRY, THERIOT AND DRAKE, JJ.
WRIT GRANTED. Pursuant to a de novo review, we find that defendant Airgas USA, LLC did not meet its burden on summary judgment, showing that no genuine issues of material fact remain. La. Code Civ. P. art. 966. Accordingly, the writ is granted and the portion of the September 3, 2014 judgment granting the motion for summary judgment on the issue of spoliation is reversed.
JMG
MRT
EGD
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT