KATHLEEN DODD v. EAST SKELLY LLC JONES LANG LASALLE AMERICAS INC JOHN SMITH AND TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA (2026)

WRIT GRANTED

Relator, Central Parking System, Inc., seeks review of the district court's September 23, 2026 judgment memorializing the district court's September 11, 2026 oral ruling, which granted partial summary judgment in favor of the plaintiff concerning some elements of liability while leaving other elements and the issue of comparative fault to be decided by a jury. Although La. C.C.P. art. 966(E) allows summary judgments on a particular “issue, theory of recovery, cause of action or defense, in favor of one or more parties, even though the granting of the summary judgment does not dispose of an entire case as to that party or parties,” courts have consistently held that partial summary judgment cannot be used to decide elements of tort liability claims, without completely resolving the liability issues between the parties. See Williams v. City of New Orleans, 637 So.2d 1130, 1132 (La. App. 4 Cir. 1994). Further, plaintiff has failed to show that the evidence establishes an unreasonably dangerous condition as a matter of law. Also, after having viewed the video of the plaintiff's fall, it is evident that there are genuine issues of material fact existing in this case. Accordingly, this writ is granted and the district court's granting of partial summary judgment is reversed.

New Orleans, Louisiana this 8th day of October, 2026.

JUDGE DANIEL L. DYSART

JUDGE JOY COSSICH LOBRANO

JUDGE ROSEMARY LEDET