Opinion
2022 CW 0858
10-06-2022
BRAXTON LEBLANC AND JENNA LEBLANC, ON BEHALF OF THEIR MINOR CHILDREN, BAYLOR LEBLANC AND JENSEN LEBLANC v. ASHLEY FURNITURE INDUSTRIES, INC. AND BELLELO'S FURNITURE &APPLIANCE, L.L.C.
Ashley Furniture Industries, Inc., applying for supervisory writs, 18th Judicial District Court, Parish of West Baton Rouge, No. 45123.
BEFORE: WHIPPLE C.J., GUIDRY, AND WOLFE, JJ.
WRIT GRANTED IN PART; DENIED IN PART. The portion of the district court's July 27, 2022 judgment granting Plaintiffs' motion for summary judgment as to Ashley Furniture Industries, Inc.'s Fifteenth Affirmative Defense is hereby reversed. . Whether Ashley knew or should have known of the characteristic that caused Plaintiffs' damage or the danger of such characteristic is a guestion of fact. See Minton v. Acosta, 2021-1180 (La.App. 1st Cir. 6/3/22), 343 So.3d 721, 729-30. Summary judgment is seldom appropriate for determinations based on subjective facts of intent, motive, malice, good faith, or knowledge because these subjective facts call for credibility evaluations and the weighing of testimony. Berthelot v. Indovina, 2021-1546 (La.App. 1st Cir. 6/3/22), 343 So.3d 209, 214-15. We find genuine issues of material fact remain to preclude summary judgment as to Ashley's Fifteenth Affirmative Defense. See La. Code Civ. P. art. 966(D) (1). Accordingly, Plaintiffs' motion for summary judgment as to Ashley's Fifteenth Affirmative Defense is denied. The writ application is denied in all other respects.
VGW
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