Appeal from the 19th Judicial District Court In and for the
Parish of East Baton Rouge State of Louisiana Trial Court No.
653, 608 Honorable William A. Morvant, Judge Presiding
Jennifer O. Robinson Lafayette, LA Derek E. Elsey Baton
Rouge, LA Attorneys for Plaintiff-Appellee Tomica Simon
St. Paul Provosty Lena D. Giangrosso Zachary P. Fickes New
Orleans, LA Attorneys for Defendants -Appellants, John
Ferguson, Master Vac Industrial Services, LLC, and National
Union Fire Insurance Company
BEFORE: WHIPPLE, C.J., McCLENDON, AND HIGGINBOTHAM, JJ.
John Ferguson, appeals the trial court's judgment
granting partial summary judgment regarding liability in
favor of plaintiff, Tomica Simon. FACTS AND
October 31, 2016, Ms. Simon was traveling southbound on
Interstate 110 in East Baton Rouge Parish when she was hit
from behind by Mr. Ferguson. On December 8, 2016, Ms. Simon
filed suit against Mr. Ferguson; Master Vac Industrial
Services, LLC, Mr. Ferguson's employer; and National
Union Fire Insurance Company, contending that she was injured
as a result of the accident and requesting damages. While a
trial date was pending, Ms. Simon filed a motion for partial
summary judgment on the issue of liability. Following a
hearing, the trial court granted Ms. Simon's motion for
partial summary judgment. A judgment was signed in
conformance with the trial court's ruling on April 19,
2018. It is from this judgment that Mr. Ferguson appeals.
TO SHOW CAUSE
examination of the record, which revealed that the April 19,
2018 judgment at issue appeared not to be a final appealable
ruling, this court, ex proprio motu, issued
a rule to show cause as to why the appeal should or should
not be dismissed. The April 19, 2018 judgment was signed as
follows, in pertinent part:
IT IS ORDERED, ADJUDGED AND DECREED that
Plaintiffs Motion for Partial Summary Judgment regarding
liability is hereby GRANTED.
DECREED that this Judgment is final and
thus appealable pursuant to La. C.C.P. Art. 1915.
Ferguson filed a responsive brief to this court's show
cause order arguing that the judgment should be considered
final because the judgment contains language disposing of the
claims in this matter. In the alternative, Mr. Ferguson
requested that this court exercise its supervisory
jurisdiction, convert the appeal to a writ in the interest of
judicial efficiency, and address the merits of the assigned
errors regarding the imposition of liability on him. The rule
to show cause was referred to the panel hearing the merits of
cannot determine the merits of an appeal unless our appellate
jurisdiction is properly invoked by a valid final judgment.
Texas Gas Exploration Corporation v. Lafourche Realty
Company, Inc., 2011-0520, 2011-0523 (La.App. 1st Cir.