Opinion
NO. 2018 CW 0359
06-06-2018
JUSTIN STOLLENWERCK, INDIVIDUALLY AND AS NATURAL TUTOR OF HIS MINOR SON, RYSE STOLLENWERCK v. ROBERT SCHWEGGMAN, JR. AND XYZ INSURANCE COMPANY
In Re: Robert Schweggman, Jr., applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 2016-10059. BEFORE: WHIPPLE, C.J., WELCH AND HIGGINBOTHAM, JJ.
WRIT DENIED. The criteria set forth in Herlitz Construction Co., Inc. v. Hotel Investors of New Iberia, Inc., 396 So.2d 878 (La. 1981) (per curiam) are not met.
VGW
TMH
Welch, J., dissents. Defendant, Robert Schweggman, Jr., produced factual support sufficient to establish the existence of a genuine issue of material fact as to the issue of liability. Accordingly, I would grant the writ, reverse the trial court's January 16, 2018 judgment and deny the motion for partial summary judgment filed by plaintiff, Justin Stollenwerck, individually and as natural tutor of his minor son, Ryse Stollenwerck. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT