Opinion
NO. 2014 CW 1233
10-21-2014
NICK A. VACCARO, JR. AND LINDA VACCARO v. NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, DOLGENCORP D/B/A DOLLAR GENERAL STORE #07146, THE ESTATE OF VICK A. MANDELLA, SR., INEZ PAGE MANDELLA, VICK A. MANDELLA, JR., AND THE COCA-COLA COMPANY
In Re: Coca-Cola Refreshments USA, Inc., applying for supervisory writs, 21st Judicial District Court, Parish of Tangipahoa, No. 12-0003781.
BEFORE: PARRO, McDONALD AND CRAIN, JJ.
WRIT GRANTED. REQUEST FOR STAY DENIED AS MOOT. Pursuant to a cle novo review, we find that defendant, Coca-Cola Refreshments USA, Inc., met its initial burden on summary judgment by pointing out an absence of factual support for one or more essential elements of plaintiffs' case. We find that the burden shifted to plaintiffs, Nick and Linda Vaccaro, and they failed to produce factual support sufficient to establish that they will be able to satisfy their evidentiary burden of proof at trial. La. Code Civ. P. art. 966. Accordingly, the writ is granted and the July 8, 2014 judgment denying defendant's motion for summary judgment is reversed. We grant summary judgment in favor of Coca-Cola Refreshments USA, Inc. and dismiss plaintiffs' claims against defendant with prejudice.
WJC
RHP
JMM
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT