Sheree Glass, Individually and on behalf of her minor child Julius Leroy Morgan v. Microtel Inn & Suites Ponchatoula and Wilshire Insurance Company

• Court: Louisiana Court of Appeal
• Decided: November 9, 2020
• Docket: 2020CW0419
• Status: Unknown

Opinion

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

SHEREE GLASS, INDIVIDUALLY NO. 2020 CW 0419 AND ON BEHALF OF HER MINOR CHILD JULIUS LEROY MORGAN

VERSUS

MICROTEL INN & SUITES NOVEMER 09, 2020 PONCHATOULA AND WILSHIRE INSURANCE COMPANY

In Re: Microtel Inn & Suites Ponchatoula and Wilshire Insurance Company, applying for supervisory writs, 21st Judicial District Court, Parish of Tangipahoa, No. 20170001892.

BEFORE: MCCLENDON, WELCH, AND HOLDRIDGE, JJ.

WRIT GRANTED. The Arial 5, 2020 judgment court' s May which denied the motion for summary judgment filed by defendants, Microtel Inn & Suites Ponchatoula and Wilshire Insurance Company, is reversed. When the mover will not bear the burden of proof on the issue that is before the court on the motion far summary judgment, the mover` s burden does not require him to negate all essential elements of the adverse party' s claim; but rather to point out to the court the absence of

factual support for one or more elements essential.. to the adverse party' s claim. La. Code Civ. P. art. 966( 1))( 1). The owner or custodian is of a thing answerable for damage occasioned by its vice or defect only upon a showing that he knew or, in the exercise of reasonable care, should have known of the vice or defect which caused the damage, that the damage could have been prevented by the exercise of reasonable care, and that he failed to exercise such reasonable care. In this case, defendants pointed out an absence of evidence as to their actual or constructive notice of a defect in the treadmill at issue. There was no evidence that defendant, Microtel Inn & Suites Ponchatoula, had actual notice of an defect. alleged Constructive notice requires that the plaintiff prove the condition existed for some time period prior to the incident. Clark v. East Baton Rouge Parish Department of Public Works, 201! 7-- 1445 ( La. App. lst Cir. 4/ 6/ 18), 248 So. 3d 409, 414. Plaintiff herein, Sheree Glass, failed to produce evidence sufficient to establish the existence of a genuine issue of material fact as to the element of actual or constructive notice, and therefore, defendants are entitled to summary judgment. The motion for judgment summary filed by defendants, Microtel Inn & Suites Ponchatoula and Wilshire Insurance Company, is granted, and the claims of plaintiff, Sheree Class, individually and on behalf of her minor child, Julius Morgan, are dismissed. PMC

JEW GH

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT FOR THE COURT