Daigrepont v. AAA Transp. Co.

736 So. 2d 923, 1999 WL 106987
CourtLouisiana Court of Appeal
DecidedMarch 3, 1999
Docket98-1329
StatusPublished
Cited by7 cases

This text of 736 So. 2d 923 (Daigrepont v. AAA Transp. Co.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Daigrepont v. AAA Transp. Co., 736 So. 2d 923, 1999 WL 106987 (La. Ct. App. 1999).

Opinion

736 So.2d 923 (1999)

Roxanne DAIGREPONT, Plaintiff-Appellee-Appellant,
v.
AAA TRANSPORTATION COMPANY, et al., Defendants-Appellants-Appellees.

No. 98-1329.

Court of Appeal of Louisiana, Third Circuit.

March 3, 1999.

*924 James Taylor Bennett, Marksville, for Roxanne Daigrepont.

James A. Bolen, Jr., Alexandria, for AAA Transportation Co., et al.

Jeffrey John Warrens, Baton Rouge, for La. Workers Comp. Corp.

Russell L. Potter, Alexandria, for Ratcliff Construction Co.

Arthur I. Robison, Lafayette, for Custom Rock International.

BEFORE: DOUCET, C.J., THIBODEAUX, and WOODARD, Judges.

WOODARD, Judge.

In this suit for personal injury, Ms. Roxannee Daigrepont (as spelled by her in the accident report) was injured while working as a valet at Grand Casino of Avoyelles (casino) in Marksville, Louisiana, following a chain of events involving Mr. John R. *925 Bordelon, a truck driver for AAA Transportation Company (AAA). Mr. Bordelon was directed to deliver fiberglass rocks to construction companies, Custom Rock International (CRI) and Ratcliff Construction Company (Ratcliff), at the Casino's front entrance. While he attempted to do so, he drove into an overhead cable which snapped and struck Ms. Daigrepont's face.

Ms. Daigrepont filed a petition against AAA. The Casino's workers' compensation insurer, Louisiana Workers' Compensation Corporation (LWCC), intervened in the litigation on September 5, 1995, seeking to recoup the workers' compensation benefits paid to Ms. Daigrepont as a result of the accident. Pursuant to an incidental demand filed by AAA on December 13, 1995, CRI was joined as a third-party defendant. On June 16, 1997, the trial court granted Ms. Daigrepont's motion to amend her petition, adding CRI, Ratcliff, and Mr. Bordelon, as additional defendants. The trial court granted CRI's and Ratcliff's motions for summary judgment. We affirm.

FACTS

Ms. Daigrepont was injured on August 23, 1995 while in the course and scope of her employment as a valet at the casino. Mr. John R. Bordelon, employed as a truck driver by AAA, was ordered to deliver fiberglass rocks which were to be installed inside the casino. Once he arrived at the casino, he drove to the loading dock located in the back. There, the casino's receiving clerk (the clerk) indicated that construction companies, namely CRI and Ratcliff, requested that the rocks be delivered at the front entrance so that the workers would not have to carry the rocks all the way from the back to the front of the casino where the rocks would be used. The clerk asked Mr. Bordelon to pull his truck underneath the front door's canopy. When Mr. Bordelon inquired whether his truck could fit under the canopy, the clerk assured him that it could, and that trucks were frequently unloading there.

Mr. Bordelon proceeded to the front of the casino with his truck-trailer combination. He advanced toward the canopy and did not notice anything which could keep him from driving underneath it. He then drove forward about eight to ten feet underneath the canopy toward the front door but had to stop because departing people were loading into a van. At that time, he did not get out of his truck to check whether he would encounter any obstacles to the truck's overhead clearance but looked through the truck's back window. As he looked toward the casino's front entrance, he noticed eight to ten construction workers wearing hard hats, standing by the front door. The van departed and, before Mr. Bordelon resumed his path toward the front door, a person with a hard hat (the waver) attempted to guide him through. The truck did not even move a foot before a he heard a "bang." The truck had just struck a cable where a banner used to hang. Consequently, the cable had snapped and struck Ms. Daigrepont's right cheek. Mr. Bordelon exited his truck to inquire about her condition. At that time, the waver told him that he did not see the cable and joined other workers to unload the truck.

Ms. Daigrepont filed a petition in March of 1995, naming AAA as the defendant. On June 16, 1995, the trial court granted her motion to amend her petition to add CRI, Ratcliff, and Mr. Bordelon as defendants. Arguing that the petition did not establish the waver's identity or employment connection with a construction company, CRI, on June 28, 1996, and Ratcliff, on August 1, 1997, moved for summary judgment. The trial court reasoned that the possible presence of a waver created a genuine issue of material facts and dismissed their motions.

Subsequently, pursuant to Mr. Bordelon's deposition taken in December 23, 1997, CRI and Ratcliff filed motions for summary judgment, now claiming that there was no genuine issue of material fact regarding their liability in the accident. *926 Following the hearing held on June 18, 1998, the court granted the motion for summary judgment, dismissing CRI and Ratcliff from the suit. AAA and Ms. Daigrepont appeal.

LAW

AAA asserts that the trial court erred in granting CRI's and Ratcliff's motions for summary judgment and in holding that there is no genuine issue of material fact and that CRI and Ratcliff are entitled to judgment as a matter of law, dismissing those parties from the suit.

Before proceeding with the merit of the arguments, we dismissed Ms. Daigrepont's appeal on December 8, 1999 for failure to timely file a brief within the period of time provided by Rule 2-12.7 of the Uniform Rules—Courts of appeals.

MOTION FOR SUMMARY JUDGMENT

At the outset, we note that appellate courts review summary judgments de novo under the same criteria that governed the trial court's consideration of whether or not summary judgment was appropriate. Schroeder v. Board of Sup'rs of Louisiana State University, 591 So.2d 342 (La.1991); Soileau v. D & J Tire, Inc., 97-318 (La.App. 3 Cir. 10/8/97); 702 So.2d 818, writ denied, 97-2737 (La.1/16/98); 706 So.2d 979.

AAA argues that in a motion for summary judgment, the court should view the facts underlying the motion in the light most favorable to the opposing party. We disagree. The law of summary judgment, implemented in La.Code Civ.P. art. 966, was amended by Act No. 9 of the First Extraordinary Session of 1996. In 1997, the legislature amended La.Code Civ.P. art. 966 to overturn, legislatively, jurisprudence inconsistent with Hayes v. Autin, 96-287 (La.App. 3 Cir. 12/26/96); 685 So.2d 691. In Hayes, we found that the legislature overruled the presumption against the grant of summary judgment. We stated that the amendment "leveled the playing field" by removing the overriding presumption in favor of a trial on the merits and by equally scrutinizing the supporting documents submitted by the mover and non-mover. Furthermore, La. Code Civ.P. art. 966 now provides, in pertinent part, that "[t]he summary judgment procedure is designed to secure the just, speedy, and inexpensive determination of every action.... The procedure is favored and shall be construed to accomplish those ends." In other words, summary judgment is favored and shall be applied liberally. Townley v. City of Iowa, 97-493 (La.App. 3 Cir. 10/29/97); 702 So.2d 323. It is proper when the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, show that there is no genuine issue of material fact and that the mover is entitled to judgment as a matter of law. La.Code Civ.P. art. 966(B).

La.Code Civ.P. art. 966, as amended, charges the moving party with the burden of proving that summary judgment is appropriate.

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Bluebook (online)
736 So. 2d 923, 1999 WL 106987, Counsel Stack Legal Research, https://law.counselstack.com/opinion/daigrepont-v-aaa-transp-co-lactapp-1999.