YAUKEY v. BALLARD (2019)

Writ denied.

ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FIFTH CIRCUIT, PARISH OF JEFFERSON

Summary judgment was granted in favor of defendants in this alleged mold exposure case. Both plaintiffs and defendants presented competing and countervailing experts creating questions of material fact. Summary judgment cannot be granted when there are questions of material fact and legitimate competing and countervailing experts. A court is not allowed to weigh evidence in a summary judgment proceeding. Choosing one side's expert over another requires a weighing of evidence, which is prohibited. In my view, the trial judge was correct in denying defendants' motion for summary judgment. I strongly disagree with my colleagues' denial of this writ, which affirmed the court of appeal's reversal of the trial court. I would grant this writ, reverse the court of appeal, and reinstate the trial court's denial of defendants' motion for summary judgment.

Genovese, J., would grant and assigns reasons. Chehardy, J., recused.