Mike Smith, Husband of/and Nancy Smith, Twila Simmons and Gerard Ordoyne v. Pierre Ellis, Wilbert Ellis, Siddique Muhammed, Allstate Insurance Company, Automobile Club Inter-Insurance Exchange and James River Insurance Company

• Court: Louisiana Court of Appeal
• Decided: August 22, 2023
• Docket: 2023-C-0455
• Status: Published

Opinion

MIKE SMITH, HUSBAND * NO. 2023-C-0455 OF/AND NANCY SMITH, TWILA SIMMONS AND * GERARD ORDOYNE COURT OF APPEAL * VERSUS FOURTH CIRCUIT * PIERRE ELLIS, WILBERT STATE OF LOUISIANA ELLIS, SIDDIQUE ******* MUHAMMED, ALLSTATE INSURANCE COMPANY, AUTOMOBILE CLUB INTER- INSURANCE EXCHANGE AND JAMES RIVER INSURANCE COMPANY

APPLICATION FOR WRITS DIRECTED TO CIVIL DISTRICT COURT, ORLEANS PARISH NO. 2019-01882, DIVISION “C” Honorable Sidney H. Cates, Judge ****** Judge Tiffany Gautier Chase ****** On Application for Rehearing

(Court composed of Judge Paula A. Brown, Judge Tiffany Gautier Chase, Judge Dale N. Atkins)

R. Todd Musgraves Amanda Aucoin Adam J. Boyer MUSGRAVE, MCCLACHAN, & PENN, L.L.C 1555 Poydras St., Suite 2100 New Orleans, Louisiana 70112 COUNSEL FOR RELATOR/DEFENDANT

Bailey D. Morse JOHN FUSSELL, L.L.P. 1001 Service Road East, Hwy. 190 North Lake Corporate Park, Suite 103 Covington, Louisiana 70433 COUNSEL FOR RESPONDENT/PLAINTIFF Travis B. Wilkinson TAYLOR WELLONS POLITZ & DUHE, APLC 1555 Poydras St. Suite, 2000 New Orleans, Louisiana 70112 COUNSEL FOR RESPONDENT/PLAINTIFF

REHEARING GRANTED; WRIT DENIED AUGUST 22, 2023 TGC PAB DNA

On July 18, 2023 Relator, Muhammed Siddique (hereinafter “Mr.

Siddique”), filed an application for supervisory writs seeking review of the trial

court’s June 16, 2023 ruling denying his motion for summary judgment. Mr.

Siddique’s writ application failed to contain a signed judgment and a signed notice

of intent as required by Rules 4-2, 4-3, and 4-5, Uniform Rules, Courts of Appeal.

This Court subsequently issued an order on July 18, 2023 requiring Mr. Siddique

to supplement his writ application with a signed judgment and a signed notice of

intent by July 26, 2023. Mr. Siddique failed to timely comply. Thus, the

application for supervisory review was denied on July 28, 2023 for failing to

comply with Rules 4-2, 4-3, and 4-5, Uniform Rules, Courts of Appeal.

On August 4, 2023, Mr. Siddique filed an application for rehearing of

supervisory writs. The application for rehearing included a signed judgment of the

trial court’s June 16, 2023 ruling. The application for rehearing also included a

signed notice of intent. Thus, Mr. Siddique’s application for supervisory writs now

1 complies with Rules 4-2, 4-3, and 4-5, Uniform Rules, Courts of Appeal.

Therefore, we hereby grant the application for rehearing of supervisory writs.

Mr. Siddique’s application for supervisory writs seeks review of the trial

court’s June 16, 2023 ruling denying his motion for summary judgment. The

underlying issue in the matter sub judice involves a two car accident on February

23, 2018 (hereinafter “the February accident”). Mr. Siddique, an Uber driver, and

four guest passengers were involved in a car accident with Wilbert Ellis

(hereinafter “Mr. Ellis”).

Mr. Siddique file a motion for summary judgment averring he was not at

fault for the February accident as his vehicle was struck when Mr. Ellis failed to

yield. After reviewing the pleadings and evidence presented, the trial court

determined that genuine issues of material fact exist as to Mr. Siddique’s alleged

fault in the February accident and denied the motion for summary judgment.

“Appellate courts review the grant or denial of a motion for summary

judgment de novo, using the same criteria applied by the trial court to determine

whether summary judgment is appropriate.” Chatelin v. Fluor Daniel Const. Co.,

2014-1312, p.3 (La.App. 4 Cir. 11/10/15), 179 So.3d 791, 793. Our de novo review

indicates that genuine issues of material fact exist as to fault. Finding that the trial

court did not err, Mr. Siddique’s application for supervisory writs is denied.

REHEARING GRANTED; WRIT DENIED