Knowles v. McCright's Pharmacy, Inc.

785 So. 2d 101, 2001 La. App. LEXIS 691, 2001 WL 322784
CourtLouisiana Court of Appeal
DecidedApril 4, 2001
Docket34,559-CA
StatusPublished
Cited by36 cases

This text of 785 So. 2d 101 (Knowles v. McCright's Pharmacy, Inc.) 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
Knowles v. McCright's Pharmacy, Inc., 785 So. 2d 101, 2001 La. App. LEXIS 691, 2001 WL 322784 (La. Ct. App. 2001).

Opinion

785 So.2d 101 (2001)

Wesley KNOWLES, Jr., Plaintiff-Appellant
v.
McCRIGHT'S PHARMACY, INC., et al, Defendants-Appellees.

No. 34,559-CA.

Court of Appeal of Louisiana, Second Circuit.

April 4, 2001.

*102 Law Offices of Jack M. Bailey, Jr. by Jack M. Bailey, Jr., J. Allen Cooper, Jr., J. Chris Miciotto, Counsel for Appellant.

Lunn, Irion, Salley, Carlisle & Gardner by Walter S. Salley, J. Martin Lattier, Counsel for Intervenor CNA Ins.

Cook, Yancey, King & Galloway by Brian A. Homza, Scott L. Zimmer, Counsel for Appellees.

Before BROWN, CARAWAY and DREW, JJ.

BROWN, J.,

Plaintiff, Wesley Knowles, Jr., appeals the trial court's grant of summary judgment in favor of defendant, McCright's Pharmacy, Inc. Finding that summary judgment was improvidently granted, we reverse and remand the matter to the trial court.

Facts

On the morning of April 26, 1996, plaintiff, Wesley Knowles, Jr., was traveling westbound on I-20 in Caddo Parish, Louisiana. David Knotts, an employee of defendant, McCright's Pharmacy, Inc., was also heading west (behind plaintiff) on I-20. Traffic was heavy that morning on the interstate, forcing plaintiff to bring his truck to a complete stop just after crossing the Red River. While so stopped, plaintiff looked in his rearview mirror and saw that Knotts had not stopped. Plaintiff then heard a "boom" and felt an impact as Knotts struck him from behind.

After the collision, Knotts had moderate damage to the rear of his vehicle and heavy damage to the front of the car. According to Knotts, the vehicle he was driving was struck violently from behind by a black pickup truck; this impact caused his vehicle to strike plaintiff's truck. Plaintiff did not see or hear a black truck strike Knotts' vehicle.

On April 25, 1997, plaintiff filed suit against Knotts, McCright's Pharmacy, Inc. (Knotts' employer and owner of the vehicle Knotts was driving at the time of the accident), American Liberty Insurance Company (McCright's Pharmacy's insurer), "Unknown and Unnamed Driver" and "XYZ Insurance Company" (which may have insured the unknown/unnamed driver), seeking damages for injuries arising out of the accident. A petition of intervention was filed by CNA Insurance Company, plaintiffs employer's workers' compensation carrier, seeking reimbursement from defendants for medical expenses and workers' compensation benefits that CNA paid on behalf of or to plaintiff. Thereafter, McCright's Pharmacy filed a motion for summary judgment, asserting that there were no material issues of fact and that they were entitled to summary judgment as a matter of law based upon the following:

Plaintiff alleges that the vehicle driven by plaintiff was struck from behind by the vehicle owned by McCright's and driven by David Knotts. The evidence, *103 however, establishes that Mr. Knotts was safely bringing his vehicle to a stop when it was unexpectedly rear-ended by another vehicle through no fault of Mr. Knotts. The Knotts vehicle was then propelled into the rear of plaintiff's vehicle, again through no fault of Mr. Knotts or McCright's.

Affidavits and depositions were submitted in support of and in opposition to the motion for summary judgment. Plaintiff also objected on the basis that McCright's Pharmacy had failed to respond to written discovery propounded to them relating to the pre-accident condition of the vehicle driven by Knotts.

A hearing was held on February 28, 2000. The trial court granted McCright's Pharmacy's motion for summary judgment, finding that the evidence was undisputed that there were three vehicles involved in the accident; that Knotts was driving the middle vehicle; and that Knotts was in the process of safely stopping when he was rear-ended by a phantom vehicle. Based upon these undisputed facts, the court further found that there was no negligence on the part of Knotts or McCright's Pharmacy. A motion for new trial filed by plaintiff was denied. Thereafter, plaintiff filed the instant appeal.

Discussion

Summary judgment procedure is designed to secure the just, speedy and inexpensive determination of every action except those disallowed by law. La.C.C.P. art. 966(A)(2); Robinson v. Brookshires #26, 33,713 (La.App.2d Cir.8/25/00), 769 So.2d 639; Norton v. Claiborne Electric Co-op, Inc., 31,886 (La.App.2d Cir.5/5/99), 732 So.2d 1256, writ denied, 99-1823 (La.10/01/99), 748 So.2d 454; Lee v. Wall, 31,458 (La.App.2d Cir.1/20/99), 726 So.2d 1044. The judgment sought shall be rendered only if the pleadings, depositions, answers to interrogatories and admissions on file, together with affidavits, if any, show that there is no genuine issue of material fact and that the mover is entitled to judgment as a matter of law. La.C.C.P. art. 966(B); Robinson, supra; Norton, supra.

Despite the legislative mandate that summary judgments are now favored, factual inferences reasonably drawn from the evidence must be construed in favor of the party opposing the motion and all doubt must be resolved in the opponent's favor. Willis v. Medders, 00-2507 (La.12/08/00), 775 So.2d 1049; Independent Fire Insurance Co. v. Sunbeam Corp., 99-2181, 99-2257 (La.02/29/00), 755 So.2d 226. Furthermore, as noted by the supreme court in Independent Fire Insurance Co., supra, the trial court cannot make credibility determinations on a motion for summary judgment. It is not the function of the trial court on a motion for summary judgment to determine or even inquire into the merits of the issues raised. Additionally, the weighing of conflicting evidence has no place in summary judgment procedure. Smith v. Lynn, 32,093 (La. App.2d Cir.08/18/99), 749 So.2d 692; Harrison v. Parker, 31,844 (La.App.2d Cir.05/05/99), 737 So.2d 160, writ denied, 99-1597 (La.09/17/99), 747 So.2d 565.

In deciding a motion for summary judgment, the court must assume that all of the affiants are credible. Inasmuch as summary judgments deprive the litigants of the opportunity to present their evidence to a jury, they should be granted only when the evidence presented at the motion for summary judgment establishes that there is no genuine issue of material fact in dispute. Independent Fire Insurance Co., supra.

A fact is "material" when its existence or nonexistence may be essential to plaintiff's cause of action under the applicable *104 theory of recovery. Hardy v. Bowie, 98-2821 (La.09/08/99), 744 So.2d 606; Smith v. Our Lady of the Lake Hospital, Inc., 93-2512 (La.07/05/94), 639 So.2d 730. Facts are material if they potentially insure or preclude recovery, affect a litigant's ultimate success or determine the outcome of the legal dispute. Id.

Louisiana law requires that a motorist not follow another vehicle closer than is reasonable and prudent, having due regard for the speed of the preceding vehicle, the traffic conditions and the condition of the highway. La.R.S. 32:81; Chambers v. Graybiel, 25,840 (La.App.2d Cir.06/22/94), 639 So.2d 361, writ denied, 94-1948 (La.10/28/94), 644 So.2d 377. When a following vehicle rear-ends a vehicle ahead of it, the following vehicle is presumed to be at fault and must prove a lack of fault to avoid liability. Mart v. Hill, 505 So.2d 1120 (La.1987); Chambers, supra. On the other hand, when other vehicles are able to stop behind the lead vehicle, the last one which precipitates the chain reaction is negligent. Chambers, supra; Staehle v. Marino, 201 So.2d 212 (La.App.

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Bluebook (online)
785 So. 2d 101, 2001 La. App. LEXIS 691, 2001 WL 322784, Counsel Stack Legal Research, https://law.counselstack.com/opinion/knowles-v-mccrights-pharmacy-inc-lactapp-2001.