Kristen P. Crifasi v. Derrick M. Johnson, Boasso America Corporation and Old Republic Insurance Company, D.M.J. Expedited Transport Services, LLC and Transguard Insurance Company of America, Inc.
This text of Kristen P. Crifasi v. Derrick M. Johnson, Boasso America Corporation and Old Republic Insurance Company, D.M.J. Expedited Transport Services, LLC and Transguard Insurance Company of America, Inc. (Kristen P. Crifasi v. Derrick M. Johnson, Boasso America Corporation and Old Republic Insurance Company, D.M.J. Expedited Transport Services, LLC and Transguard Insurance Company of America, 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.
Opinion
KRISTEN P. CRIFASI * NO. 2025-CA-0199
VERSUS * COURT OF APPEAL DERRICK M. JOHNSON, * BOASSO AMERICA FOURTH CIRCUIT CORPORATION AND OLD * REPUBLIC INSURANCE STATE OF LOUISIANA COMPANY, D.M.J. ******* EXPEDITED TRANSPORT SERVICES, LLC AND TRANSGUARD INSURANCE COMPANY OF AMERICA, INC.
CONSOLIDATED WITH: CONSOLIDATED WITH:
KRISTEN P. CRIFASI NO. 2025-CA-0493
VERSUS
DERRICK M. JOHNSON, BOASSO AMERICA CORPORATION AND OLD REPUBLIC INSURANCE COMPANY, D.M.J. EXPEDITED TRANSPORT SERVICES, LLC AND TRANSGUARD INSURANCE COMPANY OF AMERICA, INC.
APPEAL FROM ST. BERNARD 34TH JUDICIAL DISTRICT COURT NO. 23-1138, DIVISION “B” Honorable Jeanne Nunez Juneau, Judge ****** Judge Tiffany Gautier Chase ****** (Court composed of Chief Judge Roland L. Belsome, Judge Tiffany Gautier Chase, Judge Dale N. Atkins)
Gilbert V. Andry, IV GIBBY ANDRY, THE ANDRY LAW FIRM, L.L.C. 829 Baronne Street New Orleans, LA 70113
Everett R. Fineran EVERETT R. FINERAN, LLC 425 Harrison Avenue Suite 1200 New Orleans, LA 70124
COUNSEL FOR PLAINTIFF/APPELLANT KRISTEN P. CRIFASI John E. W. Baay, II Emily E. Eagan Maryclaire M. Farrington LABORDE SIEGEL, LLC 701 Poydras Street Suite 4800 New Orleans, LA 70139
COUNSEL FOR DEFENDANT/APPELLEE DERRICK M. JOHNSON, D.M.J. EXPEDITED TRANSPORT SERVICES, LLC AND TRANSGUARD INSURANCE COMPANY OF AMERICA, INC.
Megan B. Jacqmin PERRIER & LACOSTE, LLC 365 Canal Street, Suite 2550 New Orleans, LA 70130
COUNSEL FOR DEFENDANT/APPELLEE BOASSO AMERICA CORPORATION
MOTION TO DISMISS GRANTED JANUARY 29, 2026 1
TGC RLB DNA On July 10, 2025, Boasso America Corporation (hereinafter “Boasso”),
filed a motion to dismiss in this Court. The motion to dismiss seeks to dismiss as
untimely, plaintiff’s, Kristen Crifasi (hereinafter “Mrs. Crifasi), appeal of the trial
court’s October 23, 2024 judgment which granted Boasso’s motion for summary
judgment. After consideration of the record before this Court and the applicable
law, we grant the motion to dismiss filed by Boasso and dismiss the portion of
Mrs. Crifasi’s appeal which seeks review of the trial court’s October 23, 2024
judgment on the motion for summary judgment.
Discussion
The underlying facts of this appeal involve a motor vehicle accident but, are
not germane to the procedural issue presented in Boasso’s motion to dismiss. Prior
to trial, Boasso filed a motion for summary judgment arguing that there were no
genuine issues of material fact regarding its liability for the motor vehicle accident.
Mrs. Crifasi opposed the motion and by judgment dated October 23, 2024, the trial
court granted the motion for summary judgment, dismissing Mrs. Crifasi’s claims
against Boasso. No appeal was taken of the October 23, 2024 judgment within the
1 time delays for an appeal and the matter proceeded to trial with the remaining
parties. See La. C.C.P. art. 2087(A).
In her appellant brief, Mrs. Crifasi asserts the following as an assignment of
error: “[t]he trial court erred by granting summary judgment in favor of Defendant
Boasso America Corporation despite genuine issues of material fact regarding both
vicarious and direct liability.” In response, Boasso filed a motion to dismiss,
arguing that Mrs. Crifasi cannot seek review of the trial court’s October 23, 2024
judgment granting Boasso’s motion for summary judgment because the time to
seek review of the October 23, 2024 judgment expired. Conversely, Mrs. Crifasi
maintains that the judgment granting Boasso’s motion for summary judgment is
interlocutory and therefore reviewable in an unrestricted appeal.
A judgment is either interlocutory or final. La. C.C.P. art. 1841. “A
judgment that does not determine the merits but only preliminary matters in the
course of the action is an interlocutory judgment.” Id. “A judgment that determines
the merits in whole or in part is a final judgment.” Id. This Court may consider an
interlocutory judgment when it is “part of an unrestricted appeal from a final
judgment.” Succession of Hickman, 2022-0730, p. 6 (La.App. 4 Cir. 3/15/23), 359
So.3d 584, 590 (citation omitted).
La. C.C.P. art. 1915(A) provides that a judgment which does not adjudicate
all of the issues in a case may be deemed “final” and therefore appealable if it
dismisses the suit as to less than all of the parties; is a judgment on the pleadings;
is a judgment granting a motion for summary judgment other than pursuant to La.
C.C.P. art. 966(E); is a judgment on either the principal or incidental demand,
when the two have been tried separately; is a judgment on the issue of liability
when it has been tried separately; or is a judgment imposing sanctions or
2 disciplinary action. The October 23, 2024 judgment granted summary judgment on
liability and dismissed Mrs. Crifasi’s claims against Boasso. Therefore, under La.
C.C.P. art. 1915(A) the October 23, 2024 judgment constitutes a final, not an
interlocutory, judgment. Review of a final judgment cannot be sought through an
unrestricted appeal. See Hickman, 2022-0730, p. 6, 359 So.3d at 590. In order to
seek review of a final judgment, a party must timely file an appeal. An appeal that
does not suspend the execution of the judgment may be taken within sixty days of:
(1) the expiration of the delay for applying for a new trial or judgment
notwithstanding the verdict, if no application has been timely filed or; (2) the date
of the notice of judgment indicating the trial court’s refusal to grant a timely
application for new trial or judgment notwithstanding the verdict. La. C.C.P. art.
2087(A). The trial court rendered judgment on Boasso’s motion for summary
judgment on October 23, 2024. Mrs. Crifasi did not file a motion for new trial and
as such had sixty days from October 23, 2024 to appeal the trial court’s judgment.
At the time of the filing of the notice of appeal, all appeal delays regarding the
October 23, 2024 judgment, have expired. See La. C.C.P. art. 2121, et seq. Further,
we note that Mrs. Crifasi’s notice of appeal only references the trial court’s
December 9, 2024 judgment memorializing the jury verdict rendered on November
14, 2024. The notice of appeal does not reference the October 23, 2024 judgment.
Conclusion
As the October 23, 2024 judgment is a final appealable judgment pursuant to
La. C.C.P. art. 1915(A), Mrs. Crifasi was required to file an appeal of the judgment
and cannot seek review of it as part of the unrestricted appeal of the December 9,
2024 judgment. As such, we grant the motion to dismiss filed by Boasso and
3 dismiss the portion of Mrs. Crifasi’s appeal seeking review of the trial court’s
October 23, 2024 judgment on the motion for summary judgment.
MOTION TO DISMISS GRANTED
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