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Montgomery v. State Farm Mutual Automobile Insurance Co.

Court of Appeals of Louisiana, Third Circuit

July 24, 2019

DEANNA MONTGOMERY
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, ET AL.

          ON APPLICATION FOR SUPERVISORY WRITS FROM THE FIFTEENTH JUDICIAL DISTRICT COURT PARISH OF LAFAYETTE, NO. 13-0027 HONORABLE EDWARD B. BROUSSARD, DISTRICT JUDGE

          Jason E. Fontenot Attorney at Law COUNSEL FOR PLAINTIFF/RESPONDENT: Deanna Montgomery

          Max Michael Menard Attorney at Law COUNSEL FOR PLAINTIFF/RESPONDENT: Deanna Montgomery

          L. Bianca Chretien Leah V. Guilbeau & Associates COUNSEL FOR DEFENDANTS/APPLICANTS: State Farm Mutual Automobile Insurance Company Stephen Pellessier

          Court composed of, Sylvia R. Cooks, Shannon J. Gremillion, and D. Kent Savoie, Judges.

          SHANNON J. GREMILLION JUDGE

         State Farm Mutual Automobile Insurance Company (State Farm) and Stephen Pellessier (Pellessier) seek writs from the grant of Deanna Montgomery's (Montgomery) motion for partial summary judgment on medical causation by the trial court. For the following reasons, we grant the writ and make it peremptory.

         FACTUAL AND PROCEDURAL BACKGROUND

         Montgomery was involved in three automobile accidents in 2012. The first, which is the subject of the instant litigation, occurred on January 6, 2012, when the vehicle being driven by Pellessier rear-ended a vehicle being driven by Steve Wiltz (Wiltz), which was stopped at a red light, and caused the Wiltz vehicle to collide with Montgomery's vehicle.

         One week later, on January 13, 2012, Montgomery's vehicle was side-swiped by another vehicle. Six months later, on July 7, 2012, Montgomery's vehicle was hit by another vehicle, which caused her vehicle to hit a curb.

         On July 24, 2013, Montgomery underwent a lumbar fusion at L3-4 and L4-5, with a left ulnar nerve compression, performed by Dr. Louis Blanda. Dr. Blanda performed a cervical fusion at C5-6 on Montgomery on October 12, 2015. Montgomery alleges that both surgeries were necessitated by injuries received in the first accident.

         Montgomery filed suit against Pellessier and his insurer, State Farm. It is unknown if there is any other litigation arising out of the three accidents. Liability for the subject accident is not disputed. Montgomery filed a motion for partial summary judgment on the issue of medical causation, [1] which came for hearing on October 29, 2018, and was granted. A judgment was signed on November 19, 2018.

         State Farm timely filed a notice of intent to apply for supervisory writs, and its writ application was timely filed in accordance with the return date set by the trial court. Montgomery filed a brief in opposition to the writ application. Proceedings in the trial court are stayed pending the outcome of this writ application.

         SUPERVISORY RELIEF

         Montgomery argues that this matter is not properly before this court on a writ application because it is a partial judgment under La.Code Civ.P. art. 1915(B) from which State Farm will have an adequate ...


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