Westbrook v. Lamantia

Supreme Court of Louisiana

Westbrook v. Lamantia

862 So. 2d 971, 2004 La. LEXIS 22, 2004 WL 96784

CourtSupreme Court of Louisiana

DecidedJanuary 7, 2004

DocketNo. 2003-CC-2692

StatusPublished

This text of 862 So. 2d 971 (Westbrook v. Lamantia) 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

Westbrook v. Lamantia, 862 So. 2d 971, 2004 La. LEXIS 22, 2004 WL 96784 (La. 2004).

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Opinion

In re Cincinnati Insurance Co.; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. A, Nos. 561-336, 561-917; to the Court of Appeal, Fifth Circuit, No. 03-C-913.

Granted. There are genuine issues of material fact as to whether Mr. Lamantia’s use of the vehicle was within the scope of the employer’s permission. These issues must be determined by the trier of fact after a trial. Accordingly, the trial court’s grant of summary judgment is reversed and the case is remanded for further proceedings.

KIMBALL, J., would deny the writ. KNOLL, J., would deny the writ.

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In re Cincinnati Insurance Co.; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. A, Nos. 561-336, 561-917; to the Court of Appeal, Fifth Circuit, No. 03-C-913.

Granted. There are genuine issues of material fact as to whether Mr. Lamantia’s use of the vehicle was within the scope of the employer’s permission. These issues must be determined by the trier of fact after a trial. Accordingly, the trial court’s grant of summary judgment is reversed and the case is remanded for further proceedings.

KIMBALL, J., would deny the writ. KNOLL, J., would deny the writ.

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Bluebook (online)

862 So. 2d 971, 2004 La. LEXIS 22, 2004 WL 96784, Counsel Stack Legal Research, https://law.counselstack.com/opinion/westbrook-v-lamantia-la-2004.