MADISON v. BARRON (2022)

Court of Appeal of Louisiana, Third Circuit.

Christopher MADISON, Individually and on Behalf of His Minor Children, Lauryn Madison and Autumn Hayward v. Iris Ann BARRON, Progressive Security Insurance Company, Peyton Davison, and State of Louisiana, Department of Transportation and Development
Priscilla Pete, Individually and on Behalf of Her Minor Child, Christian Pete v. Iris Ann Barron, Progressive Security Insurance Company, Peyton Davison, and State of Louisiana, Department of Transportation and Development
Iris Ann Barron v. Peyton Davison, and State of Louisiana, Department of Transportation and Development

22-144 consolidated with 22-143 and 22-145

Decided: October 12, 2022

Court composed of Shannon J. Gremillion, D. Kent Savoie, and Sharon Darville Wilson, Judges.

Wm. David Coffey, Assistant Attorney General, Louisiana Department of Justice, Litigation Division, 1450 Poydras Street, Suite 900, New Orleans, LA 70112, (504) 599-1200, Counsel for Defendants/Appellants: State of Louisiana, through the Department of Transportation and Development Peyton Davison Stephen J. Hecker, Hecker Law Firm, 631 St. Charles Avenue, Suite 2F, New Orleans, LA 70130, (504) 491-8599, Counsel for Plaintiff/Appellee: Iris Ann Barron Sebastian Hoffpauir, Assistant Attorney General, Louisiana Department of Justice, Litigation Division, 900 Murray Street, Suite B-100B, Alexandria, LA 71301, (318) 487-5944, Counsel for Defendants/Appellants: State of Louisiana, through the Department of Transportation and Development Peyton Davison Donna M. Johnson, Casler, Bordelon & Gelder, 4000 S. Sherwood Forest Boulevard, Suite 303, Baton Rouge, LA 70816, (318) 451-0998, Counsel for Defendants/Appellees: Iris Ann Barron Progressive Security Insurance Company Jeannie C. Prudhomme, Assistant Attorney General, Louisiana Department of Justice, Litigation Division, 556 Jefferson Street, 4th Floor, Lafayette, LA 70501, (337) 262-1700, Counsel for Defendants/Appellants: State of Louisiana, through the Department of Transportation and Development Peyton Davison Thomas B. Wahlder, Attorney at Law, 1740 Jackson Street, Alexandria, LA 71306, (318) 442-9417, Counsel for Plaintiffs/Appellees: Priscilla Pete, o/b/o Christian Pete Christopher Madison, Individually and o/b/o Lauryn Madison and Autumn Hayward

For the reasons expressed in Pete v. Barron, 22-143 (La.App. 3 Cir. _10/12/22), ––– So.3d ––––, 2022 WL 6872640, we find that a reasonable factfinder could not reach any other conclusion than that Iris Barron (Barron) was free from fault in causing this accident. Barron and Progressive Security Insurance Company (Progressive) met their burden of proving that no genuine issues of material fact exist regarding her lack of fault, and Peyton Davison (Davison) and the State of Louisiana, through the Department of Transportation and Development (DOTD) failed to produce any evidence to controvert this showing. The trial court's grant of the motion for summary judgment in favor of Barron and Progressive is hereby affirmed. All costs of this appeal, which total $4,908.51, are assessed to Davison and DOTD.

AFFIRMED.

I would reverse the trial court's summary judgment rendered in favor of Ms. Barron and Progressive for the same reasons expressed in my dissent in Pete v. Barron, 22-143 (La.App. 3 Cir. 10/12/22), ––– So.3d ––––, 2022 WL 6872640.

WILSON, Judge.

SAVOIE, J., dissents and assigns reasons.

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