Opinion
2023 CW 1189
05-23-2024
ROBERT MARIONNEAUX, III v. WILSON ALEXANDER, GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY, AND LOUISIANA FARM BUREAU CASUALTY INSURANCE COMPANY
In re Capital City Press, LLC d/b/a The Advocate, applying for supervisory writs, 18th Judicial District Court, Parish of Iberville, No. 80592.
BEFORE: GUIDRY, C.J., McCLENDON, PENZATO, HESTER AND MILLER, JJ.
WRIT DENIED.
JMG
AHP
SMM
McClendon, J., dissents. I would grant the writ application. In order to prove a claim for vicarious liability, the plaintiff must show the employee was acting within the course and scope of his employment at the time the alleged tort was committed. Holt v. Torino, 2012-1579 (La.App. 1st Cir. 4/26/13), 117 So.3d 182, 185, writ denied, 2013-1161 (La. 8/30/13), 120 So.3d 267. In support of its motion, The Advocate attached the deposition of its employee, Wilson Alexander, who testified that he was not working at the time of the accident but was on a personal errand. Thus, The Advocate successfully pointed out the absence of factual support for an essential element to the claims against it. The burden then shifted to Plaintiff and Third-Party Plaintiff ("Respondents") to produce factual support sufficient to establish the existence of a genuine issue of material fact or that The Advocate is not entitled to judgment as a matter of law. See La. Code Civ. P. art. 966(D)(1). I find Respondents failed to carry that burden. Mere conclusory allegations, improbable inferences, and unsupported speculation will not support a finding of a genuine issue of material fact. Wilson v. Reed, 2022-0099 (La.App. 1st Cir. 10/21/22), 354 So.3d 42, 45. Accordingly, I would grant the motion for summary judgment filed by Capital City Press, LLC d/b/a The Advocate, and dismiss all claims asserted by Plaintiff, Robert Marionneaux, III, and Third-Party Plaintiff, Louisiana Farm Bureau Casualty Insurance Company, against Capital City Press, LLC d/b/a The Advocate with prejudice.
Hester, J., dissents.