137 So. 3d 741
La. Ct. App.2014Background
- Mason allegedly injured during maritime-related work and pursued claims under general maritime law and the LHWCA.
- Defendants moved for summary judgment; trial court granted but allowed Mason to amend.
- Mason filed an amended petition asserting LHWCA coverage (33 U.S.C. § 905(b)).
- Defendants filed a second summary judgment motion arguing Mason lacked LHWCA coverage and longshore activity.
- Court held amendment to La. C.C.P. art. 966 not retroactive; trial court erred by considering non-admitted exhibits.
- Appeal results in reversal of summary judgment and remand for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| retroactivity of Art. 966 amendments | Mason contends amendments apply retroactively | Defendants argue amendments apply to earlier proceedings | Amendment not retroactive; cannot be applied to this case |
| admissibility of evidence on summary judgment | Evidence attached to briefs was not admitted for motion | Evidence cited in and attached to motion should be admitted for purposes of summary judgment | Judge erred by considering non-admitted exhibits; only admitted evidence may be considered |
| proper standard for summary judgment under 966 | There are genuine issues about LHWCA coverage precluding summary judgment | No genuine issue exists; Mason not covered under LHWCA | Genuine issues remain; summary judgment reversed and remanded |
| procedural posture and evidentiary burden | Mason's affidavits and pleadings create material facts | Record supports dismissal under pre-Art. 966 framework | Proceedings must be remanded to address evidentiary issues under correct statute |
Key Cases Cited
- Transworld Drilling Co. v. Texas Gen. Res., Inc., 604 So.2d 586 (La.App. 4th Cir.1992) (de novo review standard for summary judgment)
- Cole v. Celotex Corp., 599 So.2d 1058 (La.1992) (retrospective application and statutory interpretation framework)
- Igbokwe v. Moser, 116 So.3d 727 (La.App. 4th Cir.2013) (footnotes regarding Art. 966 retroactivity)
- Garcia v. City of New Orleans, 115 So.3d 515 (La.App. 4th Cir.2013) (footnotes regarding Art. 966 retroactivity)