Walker v. Wiley

In Re: Honorable Sheriff Jeff Wiley and Steven Thrash, applying for supervisory writs, 23rd Judicial District Court, Parish of Ascension, No. 112548. BEFORE: WHIPPLE, C.J., GUIDRY AND PETTIGREW, JJ.

WRIT GRANTED. Under our de novo review, we find that there are no material facts genuinely in dispute, and that applicants are entitled to judgment as a matter of law. La. Code Civ. P. art. 966(A)(3). Applying an ordinary negligence standard, applicants demonstrated that there are no genuine issues to be tried. Further, applicants established there was a lack of factual support for all of plaintiff's claims, and plaintiff failed to present sufficient evidence upon which a jury could reasonably find for the plaintiff. Jones v. Am. Alternative Ins. Corp., 2014-0367 (La. App. 1st Cir. 1/8/15), 169 So.3d 386, 392. Accordingly, the judgment of the trial court denying Sheriff Jeff Wiley and Steven Thrash's Motion for Summary Judgment which was signed on February 29, 2016, is reversed, and the Motion for Summary Judgment, which sought to dismiss plaintiff's Petition for Damages, with prejudice, is granted. Therefore, all claims asserted by plaintiff in the Petition for Damages are hereby dismissed, with prejudice.

VGW JMG JTP

COURT OF APPEAL, FIRST CIRCUIT /s/_________

DEPUTY CLERK OF COURT

FOR THE COURT