Garza v. Artisan & Truckers Casualty Insurance Co
2:21-cv-03816
W.D. La.May 20, 2025Background
- On September 9, 2020, Mark Garza was operating a Kenworth truck on I-10 when he was rear-ended by a truck driven by Melvin Viano and owned by Northline Logistics LLC.
- Louisiana State Troopers cited Viano for following too closely; Garza did not receive any citation.
- Garza alleges he sustained serious injuries as a result of the collision.
- Plaintiff (Garza) moved for partial summary judgment on the issue of liability, claiming Viano and Northline were solely at fault.
- Defendants (Viano and Northline) did not oppose the motion or submit any evidence to dispute liability.
- The court considered only Garza’s evidence and undisputed facts in ruling on the motion for summary judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Fault for rear-end collision | Viano was solely negligent for following too closely | No argument/opposition | Viano and Northline solely at fault |
| Rebuttal of negligence presumption | No sudden emergency caused or excused Viano's conduct | No evidence submitted | Presumption of negligence unrebutted |
| Applicability of sudden emergency doctrine | No evidence Viano faced sudden, unavoidable hazard | No evidence or claim made | Sudden emergency doctrine inapplicable |
| Standard for summary judgment | No genuine disputes of material fact exist | No argument or opposition | Summary judgment granted to Garza |
Key Cases Cited
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (genuine issues of material fact preclude summary judgment)
- Mart v. Hill, 505 So.2d 1120 (La. 1987) (presumption of negligence for following motorist in rear-end collision)
- State Farm Life Ins. Co. v. Gutterman, 896 F.2d 116 (5th Cir. 1990) (nonmovant must submit probative evidence to defeat summary judgment)
- Brumfield v. Hollins, 551 F.3d 322 (5th Cir. 2008) (genuine issue requires evidence supporting verdict for nonmovant)