Appealed from the Twenty-Sixth Judicial District Court for
the Parish of Bossier, Louisiana Trial Court No. 155183
Honorable Jefferson Rowe Thompson, Judge
JACKSON LAW OFFICE By: Patrick R. Jackson J. Kyle McCotter
Counsel for Appellants
ALLEN LOUX In Proper Person, Appellee
IRION, SALLEY, CARLISLE & GARDNER By: Alexander J.
Mijalis Counsel for Appllees, Evelyn Melton Break Loux and
United Services Automobile Association
McGLINCHEY STAFFORD, PLLC By: Larry Feldman, Jr. Counsel for
Appellee, Allied Waste Services
WIENER, WEISS & MADISON By: Franklin H. Spruiell, Jr.
Counsel for Appellee, Progressive Paloverde Insurance Company
WILLIAMS, MOORE, and STONE, JJ.
plaintiffs, David Lee Strozier and Melissa Strozier, appeal a
district court judgment granting summary judgment in favor of
the defendants, Terry Allen Loux, Evelyn Melton Break Loux,
United Services Automobile Association and Allied Waste
Services. For the following reasons, we affirm.
Saturday, April 8, 2017, the plaintiff, David Lee Strozier,
was riding a motorcycle on Caplis Sligo Road in Bossier City,
Louisiana, when he struck a trash can that was in the
roadway. The trash can was utilized by the home owned by the
defendants, Terry Allen Loux and Evelyn Melton Break Loux
("the Louxes"), and insured by the defendant,
United Services Automobile Association ("USAA").
The trash can had been emptied the previous day by the
defendant, Allied Waste Services ("Allied"). The
plaintiff suffered multiple injures as a result of the
plaintiff and his wife, Melissa Strozier, filed a lawsuit
against the Louxes, USAA and Allied. The plaintiffs alleged that
the Louxes "negligently creat[ed] a roadway
hazard." More specifically, the plaintiffs asserted that
the Louxes negligently failed to maintain their property
adjacent to the roadway and failed to remove their trash can
from the roadway. The plaintiffs further alleged that Allied
"negligently performed [its] duties of garbage retrieval
and created a roadway hazard and/or did not prevent the
continuance of a roadway hazard while performing [its]
contracted duties." According to the plaintiffs, Allied
failed to keep "hazardous property" outside of the
roadway, failed to remove the trash can from the roadway and
failed to safely perform its duties.
November 15, 2018, the Louxes and USAA filed a motion for
summary judgment. They argued, inter alia, that
"while Ms. Loux may have had a duty to act reasonably to
prevent her trash can from impeding the roadway, there is
absolutely no evidence that she breached such duty."
January 8, 2019, Allied moved for summary judgment arguing
that the plaintiffs are "unable to prove any fact which
would support any negligence on the part of Allied."
Allied also argued that the plaintiffs were unable to prove
that its conduct was the cause-in-fact or the legal cause of
the injury. According to Allied, its employee emptied the
trash can approximately 30 hours before the accident
occurred, and removed it from the roadway. Allied further
maintained that it had "no further control over the