Antoine v. CNA Insurance Co.

Supreme Court of Louisiana

Antoine v. CNA Insurance Co.

877 So. 2d 121, 2004 La. LEXIS 2280, 2004 WL 1760201

Supreme Court of Louisiana·Decided June 25, 2004·No. No. 2004-CC-1570·Published

Opinion

In re Arnold, Louise T.; Continental Insurance Company; — Defendant(s); Applying for Supervisory and/or Remedial Writs, Parish of Lafayette, 15th Judicial District Court Div. D, No. 2000-3733; to the Court of Appeal, Third Circuit, No. CW 04-00754.

Granted. There are genuine issues of material fact concerning whether the second surgery was necessitated by the first accident. Accordingly, the judgment of the trial court granting plaintiffs motion for partial summary judgment on the issue of causation is reversed. The case is remanded to the trial court for further proceedings.

KIMBALL, J., would deny the writ. KNOLL, J., would deny the writ.

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In re Arnold, Louise T.; Continental Insurance Company; — Defendant(s); Applying for Supervisory and/or Remedial Writs, Parish of Lafayette, 15th Judicial District Court Div. D, No. 2000-3733; to the Court of Appeal, Third Circuit, No. CW 04-00754.

Granted. There are genuine issues of material fact concerning whether the second surgery was necessitated by the first accident. Accordingly, the judgment of the trial court granting plaintiffs motion for partial summary judgment on the issue of causation is reversed. The case is remanded to the trial court for further proceedings.

KIMBALL, J., would deny the writ. KNOLL, J., would deny the writ.

Antoine v. CNA Insurance Co., 877 So. 2d 121, 2004 La. LEXIS 2280, 2004 WL 1760201 (La. 2004).

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877 So. 2d 121 (Antoine v. CNA Insurance Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.