WRIT FROM THE FIFTEENTH JUDICIAL DISTRICT COURT PARISH OF
LAFAYETTE, NO. 2014-4270 HONORABLE EDWARD B. BROUSSARD,
Christopher Beyer, Sr. attorney at law counsel for
defendants/respondents:Old Republic Insurance Company BFI
Waste Services, LLC Dustin Mason
P. Saltzman Anderson & Dozier COUNSEL FOR
PLAINTIFF/RELATOR: Lionel Lewis
composed of John D. Saunders, Elizabeth A. Pickett, and
Shannon J. Gremillion, Judges.
SHANNON J. GREMILLION, JUDGE.
the denial of his motion for summary judgment on the issue of
liability, Plaintiff/Relator, Mr. Lionel Lewis, has applied
to this court for supervisory relief. We granted
Relator's application. For the reasons that follow, we
reverse and render judgment in favor of Relator.
case arises from a motor vehicle accident that occurred on
September 10, 2013, in Lafayette Parish. Mr. Lewis was
operating a tractor trailer in the course of his employment
with Reinhart Transportation. He stopped at a red traffic
signal and was hit from behind by a garbage truck driven by
Mr. Dustin Mason, who was employed by BFI Waste Services,
Lewis sued Mr. Mason, BFI Waste Services, L.L.C., and their
insurer, Old Republic Insurance Company (Respondents), in
August 2014. In February 2017, Mr. Lewis filed motions for
summary judgment on the issues of liability and insurance
coverage. The motions were set for hearing on March 27, 2017.
The defendants filed their opposition to the motions on March
17, 2017, and included in their opposition an objection to
the inclusion by Mr. Lewis of the Uniform Motor Vehicle
Accident Report. On March 22, 2017, Relator filed a motion to
strike the defendants' untimely opposition.
trial court granted Mr. Lewis's motion for summary
judgment on the issue of insurance coverage. Although the
trial court stated on the record that the Respondents'
late submissions were not considered, it denied Mr.
Lewis's motion on the issue of liability. From the denial
of this motion, Mr. Lewis sought this court's exercise of
its supervisory jurisdiction, which was granted.
denial of a motion for summary judgment is interlocutory, and
the only remedy available is to seek supervisory relief.
Breaux v. Cozy Cottages, LLC, 14-486 (La.App. 3 Cir.
11/12/14), 151 So.3d 183.
for summary judgment are governed by La.Code Civ.P. arts. 966
and 967. These articles have been extensively amended by the
legislature since 1996, when the legislature first pronounced
that summary judgment procedure is favored. See 1996
La.Acts 1st Ex.Sess. No. 9, §1. The most
recent amendment to Article 966(B) altered the deadlines for
filing motions for summary judgment and oppositions thereto.
2015 La.Acts No. 422. Paragraph (B) now provides:
Unless extended by the court and agreed to by all of the
parties, a motion for summary judgment shall be filed,
opposed, or replied to in accordance ...