164 So. 3d 231
La. Ct. App.2014Background
- Decedent James Richthofen operated a motorized wheelchair on his residential street; his granddaughter Patricia was injured in the same incident.
- A 1998 Toyota 4-Runner driven by Jesus Medina struck the wheelchair, killing decedent and injuring Patricia; Medina was intoxicated (BAC 0.16%).
- Medina pled guilty to vehicular homicide and hit-and-run; Patricia’s injury pled guilty to vehicular negligent injuring.
- Surviving widow Sylvia Richthofen and others filed wrongful death and survival action against Medina, Pereira, and XYZ Insurance; later Richthofen filed an amended complaint against Ida Corley and State Farm.
- State Farm moved for summary judgment in December 2013, asserting no genuine issues of material fact; Richthofen cross-moved in January 2014.
- Trial court granted summary judgment in favor of State Farm on January 16, 2014; this appeal followed; exhibits were challenged as to admissibility.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Richthofen proves duty-risk elements to survive summary judgment | Richthofen claims decedent’s sidewalk-to-street transition was caused by Corley’s illegally parked Lancer. | State Farm contends no evidence shows decedent’s wheelchair was on the sidewalk or any breach caused death. | No genuine issue; State Farm entitled to judgment as a matter of law. |
| Whether Exhibits C and D could be admitted to create a triable issue | Exhibits illustrate scene and police report supporting Richthofen’s theory. | Exhibits were not properly admitted and rely on inadmissible matters. | Exhibits deemed admitted for purposes of motion; not material to quash judgment. |
Key Cases Cited
- Murphy v. L & L Marine Transp., Inc., 695 So.2d 1045 (La.App. 5 Cir. 1997) (burden on movant; strict standard for summary judgment; inferences viewed in movant’s favor)
- Zeringue v. O’Brien Transp., Inc., 931 So.2d 377 (La.App. 5 Cir. 2006) (de novo review of summary judgments; same criteria as trial court)
- Alexander v. Parish of St. John the Baptist, 102 So.3d 904 (La.App. 5 Cir. 2012) (materiality and duties in duty-risk analysis)