Toups v. Dantin

Supreme Court of Louisiana

Toups v. Dantin

182 So. 3d 36, 2015 WL 8683925

CourtSupreme Court of Louisiana

DecidedNovember 6, 2015

DocketNo. 2015-C-1635

StatusPublished

This text of 182 So. 3d 36 (Toups v. Dantin) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Toups v. Dantin, 182 So. 3d 36, 2015 WL 8683925 (La. 2015).

Pincite

Opinion

PER CURIAM.

|,Writ granted. The judgment of the Court of Appeal, First Circuit, is reversed and set aside, and the judgment of the trial court, insofar as it granted defendants’ motion for -summary judgment, is vacated. We find there is a genuine issue of material fact as to whether defendant, Adele Dantin knew, or should have known, that her husband, James Dantin was likely to drive her vehicle .in an impaired, negligent, and/or intoxicated state. Such a factual basis would support plaintiffs’ claims at this stage of the case. See La.Code Civ. Pi art. 966. This case is remanded to the district court for further proceedings.

REVERSED AND REMANDED.'

GUIDRY, J., dissents and would deny the writ application.

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PER CURIAM.

|,Writ granted. The judgment of the Court of Appeal, First Circuit, is reversed and set aside, and the judgment of the trial court, insofar as it granted defendants’ motion for -summary judgment, is vacated. We find there is a genuine issue of material fact as to whether defendant, Adele Dantin knew, or should have known, that her husband, James Dantin was likely to drive her vehicle .in an impaired, negligent, and/or intoxicated state. Such a factual basis would support plaintiffs’ claims at this stage of the case. See La.Code Civ. Pi art. 966. This case is remanded to the district court for further proceedings.

REVERSED AND REMANDED.'

GUIDRY, J., dissents and would deny the writ application.

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Bluebook (online)

182 So. 3d 36, 2015 WL 8683925, Counsel Stack Legal Research, https://law.counselstack.com/opinion/toups-v-dantin-la-2015.