110 So. 3d 1117
La. Ct. App.2013Background
- Automobile accident on December 25, 2004 on the Causeway Boulevard elevated interchange in Jefferson Parish; plaintiff Sharpless sues multiple defendants including DOTD, Parish, Progressive, and later joins GNOEC; GNOEC moves for summary judgment asserting lack of custody/control over the relevant roadway portion; trial court grants summary judgment and quashs subpoena; plaintiff appeals these rulings; remaining defendant after settlements is GNOEC.
- Amended pleadings (2009) add GNOEC after discovery shows potential jurisdiction; 2011 motion for summary judgment by GNOEC and others denied due to genuine issues of material fact; 2012 trial court grants GNOEC’s summary judgment and quash motions, prompting this devolutive appeal.
- GNOEC contends it had no custody/control over the relevant roadway portions; 1962 Agreement and 2004 House Concurrent Resolution show DOTD/Parish responsibility; plaintiff argues GNOEC retained ingress/egress control via the 1962 Agreement and that the accident occurred on the structure they built.
- Court grants summary judgment for GNOEC, holding no genuine issue of material fact that GNOEC lacked custodial/maintenance responsibility for the relevant roadway portion as of 2004; quash judgment affirmed for the subpoena as moot in light of absence of remaining liable parties.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did GNOEC have custody/control over the relevant roadway portion? | Sharpless argues GNOEC retained ingress/egress control via 1962 Agreement. | GNOEC keeps no custody/control; 1962 Agreement shows transfer of control to Parish/DOTD. | No genuine issue; GNOEC had no custody/control. |
| Was the subpoena to GNOEC proper to quash? | Subpoena could yield relevant weather knowledge. | Discovery moot since no control and no remaining liable defendants. | Quash affirmed; discovery moot. |
Key Cases Cited
- Hines v. Garrett, 876 So.2d 764 (La. 2004) (summary judgment standard and de novo review on appeal)
- Smith v. Our Lady of the Lake Hosp., Inc., 639 So.2d 730 (La. 1994) (definition of material fact; genuine issue)
- Paternostro v. Wells Fargo Home Mortg., Inc., 30 So.3d 45 (La. App. 5th Cir. 2009) (summary judgment burden and proof framework)