380 So.3d 653
La. Ct. App.2023Background
- Dr. Joseph Boucree sued New Orleans East Hospital, L & R Security Services, and two security guards, alleging he was forcibly removed from the hospital by security guards acting on behalf of the defendants.
- Boucree claimed physical and emotional injuries as a result and asserted that the defendants are solidarily liable for damages.
- L & R Security filed a motion for partial summary judgment, arguing that solidary liability should not apply in this case under Louisiana law.
- The trial court denied L & R's motion and certified it as a final judgment; L & R appealed.
- The appellate court determined it lacked jurisdiction for a direct appeal from denial of summary judgment and converted the appeal to a supervisory writ, which was ultimately denied.
- At this stage, L & R relied solely on the petition's allegations and submitted no evidence to refute the potentially intentional torts or conspiracy claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Solidary liability after 1996 reforms | Boucree pleads facts supporting both negligence and intentional tort; conspiracy possible | Only available if conspiracy to commit intentional tort is alleged/proved; not present here | Court found facts sufficient for intentional tort/conspiracy; summary judgment denied |
| Sufficiency of the factual pleadings | Petition factually supports possible battery, assault, or conspiracy; survives on facts | No sufficient facts for intentional tort/conspiracy; relies on pleadings only | Court held factual allegations sufficient; evidence issue remains |
| Proper route for review of summary denial | Denial is interlocutory and not appealable; proper method is supervisory writ | None distinct — issue raised by Court sua sponte | Court converted to writ, then denied |
| Burden for summary judgment | Defendant failed to meet burden to show no genuine issue of material fact at this stage | Denial due because no evidence refuting plaintiff’s allegations presented | Court agreed defendant did not meet burden; denial of summary judgment affirmed |
Key Cases Cited
- Dumas v. State ex rel. Dept. of Culture, Recreation & Tourism, 828 So.2d 530 (La. 2002) (explaining solidary liability and its repeal for most torts post-1996)
- Smith v. Our Lady of the Lake Hosp., Inc., 639 So.2d 730 (La. 1994) (summary judgment standards; genuine issue of material fact)
- Acadian Properties Northshore, L.L.C. v. Fitzmorris, 316 So.3d 45 (La. App. 1 Cir. 2020) (denial of summary judgment is interlocutory and not appealable)