Preview:

KYLE AND MICHELLE WALKER,  NO. 10-CA-702  
INDIVIDUALLY AND ON BEHALF OF  Consolidated With  
THEIR DECEASED MINOR DAUGHTER,  No. 10-CA-703  
MIRANDA WALKER, AND JEREMY  
WALKER  FIFTH CIRCUIT  
VERSUS  
THE LOUISIANA DEPARTMENT OF  COURT OF APPEAL  
TRANSPORTATION AND DEVELOPMENT  
STATE OF LOUISIANA  
Consolidated With  
JAMES AND ALBA ALLEN,  
INDIVIDUALLY AND ON BEHALF OF THEIR DECEASED DAUGHTER, TIFFANY NICOLE ALLEN  COURT OF APPEAL FlFTH cmcnrr  
VERSUS  

PARISH OF ST. CHARLES AND STATE OF  
LOUISIANA THROUGH THE  
DEPARTIVIENT OF TRANSPORTATION  
AND DEVELOPMENT  

ON APPEAL FROM THE TWENTY-NINTH JUDICIAL DISTRICT COURT
PARISH OF ST. CHARLES, STATE OF LOUISIANA
NO. 66,705 Consolidated With NO. 67,701,DIVISION "E"
HONORABLE ROBERT A. CHAISSON, JUDGE PRESIDING

FEBRUARY 15,2011
MARION F. EDWARDS
CHIEF JUDGE
Panel composed of Judges Marion F. Edwards, Clarence E. McManus, and Robert L. Lobrano, Pro Tempore
JOHN G. MUNOZ Gamer & Munoz 1010 Common Street, Suite 3000 New Orleans, Louisiana 70112 COUNSEL FOR PLAINTIFFS/APPELLANTS
MICHAEL H. ELLIS PRESTON L. HAYES
Chehardy, Sherman, Ellis, Murray,
Recile, Griffith, Stakelum & Hayes, L.L.P. One Galleria Boulevard, Suite 1100 Metairie, Louisiana 70001 COUNSEL FOR PLAINTIFFS/APPELLANTS
,,
JAMES D. "BUDDY" CALDWELL Attorney General
R. VAUGHN CIMINI STEPHEN J. LABORDE KAREN A. ARENA
Special Assistant Attorney General
Cimini & Associates
321 Veterans Memorial Boulevard, Suite 205
Metairie, Louisiana 70005
COUNSEL FOR DEFENDANT/APPELLEE

REVERSED AND REMANDED

Plaintiffs/appellants, Kyle and Michelle Walker, individually and on behalf of their deceased daughter, Miranda Walker (Miranda), and Jeremy Walker (Jeremy); and James and Alba Allen, individually and on behalf of their daughter Tiffany Nicole Allen (Tiffany), appeal a summary judgment in favor of defendant/appellee, State of Louisiana Department of Transportation and Development (DOTD), dismissing their suits.
The tragic accident, which is the subject of this suit, occurred on May 31, 2007. On that evening, Jeremy and a guest, Amanda Mertins (Amanda), were travelling north on Louisiana Highway 626 (La. Hwy. 626) in St. Charles Parish. Following them in a separate vehicle was Tiffany, who was seventeen years old, and a guest passenger, Miranda, also seventeen. At some point, Tiffany began an attempt to pass Jeremy's car, ultimately lost control of the vehicle, and swerved off the highway, coming to a rest in the adjacent swamp after hitting a tree. Both girls apparently drowned.
Both the Walker and Allen families (Walker/Allen) filed separate suits against the Parish of St. Charles and DOTD, alleging failure in the design and maintenance of the highway. The suits were consolidated. DOTD filed a motion for summary judgment, urging that Walker/Allen could not show that the roadway was unreasonably dangerous or defective. Following a hearing, the trial court rendered judgment in favor of DOTD, finding that nothing the DOTD did or failed to do in any way caused the accident.
A motion for summary judgment should be granted only if the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, show that there is no genuine issue as to material fact and that the mover is entitled to judgment as a matter of law. La. C.C.P. art. 966(B). The initial burden ofproof is with the mover to show that no genuine issue of material fact exists. If the moving party will not bear the burden of proof at trial, the moving party must only point out that there is an absence of factual support for one or more elements essential to the adverse party's claim, action, or defense. The non

Download 50523F5C-07DA-462D-812B-022329C258EA.pdf

Louisiana Law