GERALD J. MIRE
BRANDON A. GUIDRY, ET AL.
FROM THE FIFTEENTH JUDICIAL DISTRICT COURT PARISH OF
LAFAYETTE, NO. C-20162535 HONORABLE THOMAS R. DUPLANTIER,
Perrier Jean E. Lavidalie, Jr. Perrier & Lacoste, L.L.C.
COUNSEL FOR DEFENDANTS/APPELLANTS: State National Insurance
Company Brandon A. Guidry Butcher Air Conditioning Company
A. Richie Paul D. Oberle, Jr. Patrick W. Woolbert Richie,
Richie & Oberle, L.L.P. COUNSEL FOR DEFENDANTS/APPELLEES:
National Automotive Insurance Company Tricia R. Sam
M. Welborn Attorney at Law COUNSEL FOR PLAINTIFF/APPELLEE:
Gerald J. Mire
composed of John D. Saunders, Marc T. Amy, and D. Kent
Savoie, Judges. Amy, J., concurs in the result.
KENT SAVOIE JUDGE.
Brandon A. Guidry, Butcher Air Conditioning Company, and
State National Insurance Company, appeal the judgment of the
trial court, granting the Motion for Summary Judgment filed
by Co-Defendants, Tricia R. Sam and National Automotive
Insurance Company, and dismissing Plaintiff, Gerald
Mire's, claims against Sam and National Automotive. For
the following reasons, we reverse.
AND PROCEDURAL HISTORY
cause of action arises out of an automobile accident which
occurred on June 22, 2015, in Lafayette, Louisiana. The
accident involved a three car rear-end collision, with Mire
being the driver of the first vehicle, Sam driving the second
vehicle following Mire, and Guidry as the rear driver
following the Sam vehicle. Mire initiated suit through a
Petition for Damages naming as Defendants: (1) Brandon
Guidry; (2) his employer, Butcher Air Conditioning, Inc., the
owner of the vehicle Guidry was driving at the time of the
accident; (3) State National Insurance Company, Inc., the
insurer of Butcher Air and Guidry; (4) Tricia Sam; (5) EAN
Holdings, LLC, the owner of the Sam vehicle; and (6)
National Automotive Insurance Company, the insurer of Sam.
The petition alleges that Guidry collided with the rear of
Sam's vehicle, causing her vehicle to then collide with
the rear of the Mire vehicle. In the alternative, the
petition alleges that Sam first collided with the rear of the
Mire vehicle, and the Sam vehicle was subsequently struck by
the Guidry vehicle because he was following too closely.
their Answer and Jury Demand, Tricia Sam and National
Automotive (the Sam Defendants) claim Brandon Guidry was
wholly at fault for the accident. Butcher Air and State
National answered the petition specifically alleging the
third-party fault of Tricia Sam. In the alternative, they
allege the comparative fault of Sam. In a separate answer,
Brandon Guidry makes the same allegations.
issue before us stems from the Motion for Summary Judgment
filed by the Sam Defendants. In the motion, they requested
that the trial court dismiss Gerald Mire's claims against
them based on Mire's testimony that he only felt one
impact. The Sam Defendants argued that this evidence proved
Sam's vehicle was pushed into Mire's vehicle "as
a result of being rear ended herself by the vehicle being
operated by the defendant, Brandon A. Guidry." In
opposition to the Motion for Summary Judgment, Guidry,
Butcher Air, and State National (the Guidry Defendants)
contended that a genuine issue of material fact existed
because Mire told his treating physicians that he felt two
different and distinct impacts when discussing the accident
hearing on the matter, the trial court found in favor of the
Sam Defendants, granting their motion for summary judgment
and dismissing Mire's claims against them. The Guidry
Defendants first filed a supervisory writ application
alleging that there was a genuine issue of material fact in
dispute and that the credibility of the plaintiff was
improperly considered at the hearing. A panel of this court
denied the writ, finding that the ruling at issue is a
partial final judgment which is subject to an appeal. The
Guidry Defendants now appeal on the same grounds found in
their writ application.
The Guidry ...