Middleton v. International Maintenance

671 So. 2d 420, 95 La.App. 1 Cir. 0238, 1995 La. App. LEXIS 2779, 1995 WL 588321
CourtLouisiana Court of Appeal
DecidedOctober 6, 1995
Docket95 CA 0238
StatusPublished
Cited by18 cases

This text of 671 So. 2d 420 (Middleton v. International Maintenance) 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
Middleton v. International Maintenance, 671 So. 2d 420, 95 La.App. 1 Cir. 0238, 1995 La. App. LEXIS 2779, 1995 WL 588321 (La. Ct. App. 1995).

Opinion

671 So.2d 420 (1995)

Charles F. MIDDLETON, Jr.
v.
INTERNATIONAL MAINTENANCE.

No. 95 CA 0238.

Court of Appeal of Louisiana, First Circuit.

October 6, 1995.
Writ Denied January 12, 1996.

*421 E. Trent McCarthy, Baton Rouge, for Plaintiff/Appellant Charles F. Middleton, Jr.

Douglas K. Williams, Baton Rouge, for Defendant/Appellee International Maintenance.

Before CARTER, PITCHER and CRAIN[1], JJ.

*422 CARTER, Judge.

This is an appeal from a judgment of the Office of Worker's Compensation, granting a motion for summary judgment.

FACTS

In March, 1992, plaintiff, Charles F. Middleton, Jr., was employed as a pipe fitter with International Maintenance at the Vulcan Chemical Plant in Gonzales, Louisiana. In late November, 1992, plaintiff was carrying pipe in the plant yard when he began experiencing soreness in his lower abdomen. The discomfort persisted, but plaintiff did not miss any work. On February 11, 1993, Dr. R. Streb, the company physician for International Maintenance, made a routine visit to the Vulcan plant site to treat and/or examine employees. Plaintiff presented his complaints to Dr. Streb. After an examination, Dr. Streb determined that plaintiff suffered from a double hernia and recommended that plaintiff undergo surgery to repair the damage. Plaintiff then reported the diagnosis to his supervisor and completed an incident report. A subsequent examination, performed by a Dr. Farmer, confirmed the diagnosis of a double hernia.

Plaintiff submitted to International Maintenance a claim for medical treatment of the double hernia, which was denied. On November 17, 1993, plaintiff filed a Disputed Claim for Compensation with the Office of Worker's Compensation, listing the date of injury as February 1, 1993. In the form, plaintiff related that his injury, a double hernia, occurred while he was unloading pipe and pipe fittings. Plaintiff further detailed the bona fide dispute to be his employer's denial of the existence of an accident.

On March 23, 1994, International Maintenance filed a motion for summary judgment, contending that there were no genuine issues of material fact in dispute and that it was entitled to judgment as a matter of law. International Maintenance argued that plaintiff had not sustained an injury as a result of a work-related accident nor was he entitled to relief under the Louisiana Worker's Compensation Law. Specifically, International Maintenance contended that plaintiff's claim failed to meet the requirements of LSA-R.S. 23:1221(4)(r)(i), which sets forth a claimant's burden of proof with regard to inguinal hernias. In conjunction with its motion for summary judgment, International Maintenance submitted plaintiff's deposition and an affidavit by Gary Lambert, plaintiff's supervising foreman, indicating that plaintiff did not report an injury prior to February 11, 1993.

In his memorandum in opposition to the motion for summary judgment, plaintiff argued that he suffered an "accident" during the course and scope of his employment in late November of 1992, even though he did not report an injury until February of 1993. Plaintiff attached his affidavit to the opposition memorandum, indicating that, "around Thanksgiving 1992," while carrying pipe to the fabrication site, he began experiencing soreness in his lower abdomen. Alternatively, plaintiff contended that, if there was no "accident," then he suffered an occupational disease as set forth in LSA-R.S. 23:1031.1(B). Plaintiff indicated that at least two other employees working on the project with him suffered hernias.

On April 27, 1994, a hearing on the motion for summary judgment was held. On June 8, 1994, the hearing officer granted International Maintenance's motion for summary judgment, dismissing plaintiff's claim for worker's compensation benefits with prejudice.[2] In his order, the hearing officer determined that plaintiff failed to meet the requirements of LSA-R.S. 23:1221(4)(r)(i), namely, that the hernia resulted from an injury by accident arising out of and in the course of employment; that the accident was reported promptly; and that plaintiff was attended by a physician within thirty days thereafter. The hearing officer also determined that a hernia does not constitute an "occupational disease" as set forth in LSA-R.S. 23:1031.1(B).

From this adverse judgment, plaintiff appealed, assigning as error the hearing officer's *423 grant of International Maintenance's motion for summary judgment.

SUMMARY JUDGMENT

A motion for summary judgment is a procedural device used to avoid a full-scale trial when there is no genuine factual dispute. Ouachita National Bank in Monroe v. Gulf States Land & Development, Inc., 579 So.2d 1115, 1120 (La.App. 2nd Cir.), writ denied, 587 So.2d 695 (La.1991). The motion should be granted only if the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, show that there is no genuine issue as to material fact and that the mover is entitled to judgment as a matter of law. LSA-C.C.P. art. 966; Thompson v. South Central Bell Telephone Company, 411 So.2d 26, 27 (La.1982); Legros v. Norcen Exploration, Inc., 583 So.2d 859, 860 (La.App. 1st Cir.), writs denied, 588 So.2d 101, 109 (La.1991).

A fact is material if its existence is essential to the plaintiff's cause of action under the applicable theory of recovery and without which the plaintiff could not prevail. Material facts are those that potentially insure or preclude recovery, affect the litigant's ultimate success, or determine the outcome of a legal dispute. Penalber v. Blount, 550 So.2d 577, 583 (La.1989).

The burden is upon the mover for summary judgment to show that no genuine issue of material fact exists, and only when reasonable minds must inevitably conclude that mover is entitled to judgment as a matter of law is summary judgment warranted. Robertson v. Our Lady of Lake Regional Medical Center, 574 So.2d 381, 384 (La.App. 1st Cir.1990), writ denied, 573 So.2d 1136 (La.1991). To satisfy this burden, the mover must meet a strict standard by showing that it is quite clear what the truth is and excludes any real doubt as to the existence of material fact. Ouachita National Bank in Monroe v. Gulf States Land & Development, Inc., 579 So.2d at 1120. The court must closely scrutinize the papers supporting the position of the mover, while the papers of the party opposing the motion are to be treated indulgently. Ortego v. Ortego, 425 So.2d 1292, 1297 (La.App. 3rd Cir.1982), writ denied, 429 So.2d 147 (La.1983).

Summary judgments are not favored and should be used cautiously and sparingly. Penalber v. Blount, 550 So.2d at 583. In determining whether material facts have in fact been disposed of, any doubt is to be resolved against granting the summary judgment and in favor of trial on the merits. Sanders v. Hercules Sheet Metal, Inc., 385 So.2d 772, 775 (La.1980). This is true even if grave doubt exists as to a party's ability to establish disputed facts at trial. Equipment, Inc. v. Anderson Petroleum, Inc., 471 So.2d 1068, 1070-71 (La.App. 3rd Cir.1985). Where the trial court is presented with a choice of reasonable inferences to be drawn from the subsidiary facts contained in the affidavits, attached exhibits, and depositions, the reasonable inferences must be viewed in the light most favorable to the party opposing the motion. Jones v. Briley, 593 So.2d 391, 393 (La.App. 1st Cir.1991).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

John Vessell v. CB&I
Louisiana Court of Appeal, 2020
Namias v. Sunbelt Innovative Plastics, LLC
190 So. 3d 745 (Louisiana Court of Appeal, 2016)
Crawford v. PONTCHARTRAIN MATERIALS
960 So. 2d 946 (Louisiana Court of Appeal, 2007)
Butler v. New Orleans Paddlewheels
863 So. 2d 602 (Louisiana Court of Appeal, 2003)
Newman v. Richard Price Const.
859 So. 2d 136 (Louisiana Court of Appeal, 2003)
Penn v. Options, Inc.
858 So. 2d 557 (Louisiana Court of Appeal, 2003)
Kemp v. East Baton Rouge City Parish
858 So. 2d 537 (Louisiana Court of Appeal, 2003)
Bodiford v. Robinson Bros. Lincoln Mercury
844 So. 2d 272 (Louisiana Court of Appeal, 2003)
Piatkowski v. Wal-Mart Stores
835 So. 2d 763 (Louisiana Court of Appeal, 2002)
Guest House of Slidell v. Wilson
835 So. 2d 656 (Louisiana Court of Appeal, 2002)
Franklin v. Georgia-Pacific Port Hudson Division
835 So. 2d 592 (Louisiana Court of Appeal, 2002)
Whiddon v. Livingston Parish Council
809 So. 2d 421 (Louisiana Court of Appeal, 2001)
Williams v. Wal-Mart Stores, Inc.
809 So. 2d 294 (Louisiana Court of Appeal, 2001)
Davis v. AMS Tube Corp.
801 So. 2d 466 (Louisiana Court of Appeal, 2001)
Winfield v. Jiffy Lube
813 So. 2d 428 (Louisiana Court of Appeal, 2001)
Haws v. Professional Sewer Rehabilitation, Inc.
763 So. 2d 683 (Louisiana Court of Appeal, 2000)
Sept v. City of Baker
733 So. 2d 748 (Louisiana Court of Appeal, 1999)
Parfait v. Gulf Island Fabrication, Inc.
733 So. 2d 11 (Louisiana Court of Appeal, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
671 So. 2d 420, 95 La.App. 1 Cir. 0238, 1995 La. App. LEXIS 2779, 1995 WL 588321, Counsel Stack Legal Research, https://law.counselstack.com/opinion/middleton-v-international-maintenance-lactapp-1995.