GREGORY CHANK v. STARR INDEMNITY LIABILITY INSURANCE COMPANY ET AL (2025)

I agree that the applicants sufficiently met their burden of proving that they were entitled to summary judgment in this case. The applicants not only alleged the lack of factual support for the respondent's claim, but they attached the affidavit of SAZ's Traffic Control Supervisor, Jeremy Evans, to point out the alleged lack of support for the respondent's claim that the road work or traffic controls caused the accident. See Samaha v. Rau, 07-1726, p. 7 (La. 2/26/08), 977 So. 2d 880, 884; Pugh v. St. Tammany Parish School Board, 07-1856, pp. 4–6 (La. App. 1st Cir. 8/21/08), 994 So. 2d 95, 98-100, writ denied, 08-2316 (La. 11/21/08), 996 So. 2d 1113. Hence, the burden shifted to respondent to produce factual support to establish a genuine issue of material fact or to show the applicants were not entitled to judgment as a matter of law. See La. C.C.P. art. 966(D)(1). In the absence of the respondents doing so, I agree the summary judgment rendered by the district court should be reinstated.

Guidry, J., concurs and assigns reasons.