In Re: USAA Casualty Inurance Company, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 618923.
BEFORE: McCLENDON,
THERIOT AND DRAKE,
JJ.
WRIT GRANTED. Under our de novo review, we find that there are no material facts genuinely in dispute, and the trial court improperly denied the motion for summary judgment on that basis. As a matter of law, we find that La. R.S. 9:2800.10 applies to juveniles. The statute does not distinguish between juveniles and adults and there is no indication that the legislature did not intend to apply the statute to both adults and juveniles. Matthews v. Steib, 2011-0356 (La. App. 1st Cir. 12/15/11), 82 So.3d 483, 486-487, writ denied, 2012-0106 (La. 3/23/12), 85 So.3d 90. We further find that USAA Casualty Insurance Company carried its burden of establishing that T. Loupe sustained injury during the commission of a felony offense or fleeing from the scene of the offense as required by La. R.S. 9:2800.10, thereby precluding a finding of liability on their part. La. Code Civ. P. art. 966(A)(3). Accordingly, the judgment of the trial court denying applicants' Motion for Summary Judgment which was rendered in open court on December 7, 2015, is reversed, and the Motion for Summary Judgment, which sought to dismiss Plaintiffs' claims against them, with prejudice, is granted. Therefore, the claims asserted by Plaintiffs against USAA Casualty Insurance Company are hereby dismissed, with prejudice. The remaining issues raised in the writ application are pretermitted.
PMc
MRT
EGD
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT