Opinion
NO. 2015 CW 0130
03-27-2015
LESLIE P. WILBERT, ET UX. v. HARTFORD INSURANCE COMPANY A/K/A PROPERTY AND CASUALTY INSURANCE COMPANY OF HARTFORD, ET AL.
In Re: Steve and Shirley May and Property and Casualty Insurance Company of Hartford, applying for supervisory writs, 23rd Judicial District Court, Parish of Ascension, No. 106416. BEFORE: WHIPPLE, C.J., McCLENDON AND HI6GINBOTHAM, JJ.
WRIT DENIED.
VGW
TMH
McClendon, J., dissents and would grant the writ. A review of the minor's deposition establishes that any risk associated with the use of the trampoline under these facts was open and obvious to her. See Broussard v. State ex rel. Office of State Bldgs., 2012-1238 (La. 4/5/13), 113 So.3d 175. Therefore, I believe the movers met their burden of demonstrating an absence of factual support for the duty element that is essential to plaintiffs' negligence claims. La. Code Civ. P. art. 966(C)(2). COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT