AMOS v. JON INC (2020)

Writ application granted. See per curiam.

In this automobile accident case, plaintiff moved for partial summary judgment on the ground she was free from fault. The district court granted partial summary judgment in favor of plaintiff. Defendants applied to the court of appeal for supervisory review. A five-judge panel of the court of appeal denied writs, with two judges dissenting. Defendants now seek relief in this court.

We find the parties have presented two disputed versions of the facts of the accident, which will require the trier of fact to make credibility determinations. It is well settled the trial court cannot make credibility determinations on a motion for summary judgment. Independent Fire Ins. Co. v. Sunbeam Corp., 1999-2181, p. 16-17 (La. 2/29/00), 755 So.2d 226, 236. Therefore, summary judgment is not appropriate.

Accordingly, the writ is granted. The judgment of the district court granting partial summary judgment in favor of plaintiff is reversed, and the case is remanded to the district court for further proceedings.

If the impact happened in the eastbound lane, and the front of the plaintiff's vehicle had reached the front of the defendant's truck at the time of impact, the trial court's ruling did not involve a credibility call and was correct as a matter of law.

FOOTNOTES

FOOTNOTE.  

Hughes, J., would deny and assigns reasons.