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Brown v. Coregis Insurance Co.2/18/2000
This is an appeal from a judgment in a suit stemming from the death of James Hayes, Jr., an eleven-year-old boy who was killed while attempting to exit a school bus on March 20, 1997. The suit was filed by plaintiffs, Barbara Ann Brown Hayes (the decedent's mother), individually and on behalf of minors, Jamel Brown, William Brown, and Ruth Hayes (the decedent's siblings), and on behalf of the Succession of James Hayes, Jr.; James Hayes (the decedent's father); Ruth Brown (the decedent's grandmother); and Joseph Brown (the decedent's grandfather). Named as defendants in the suit were Lee E. Brumfield (the bus driver); the Tangipahoa Parish School Board (TPSB), Mr. Brumfield's employer and the lessee of the bus; Sunshine Bus Sales, Inc. (Sunshine), the lessor of the bus; Coregis Insurance Company (Coregis), TPSB's insurer; and RCA Syndicate #1, Ltd. (RCA), Sunshine's insurer.
Motions for summary judgment were filed by the plaintiffs, RCA, and Coregis on multiple issues. On July 29, 1998, the trial court signed a judgment addressing the issues raised in the motions for summary judgment. The judgment (1) granted a motion for summary judgment in favor of RCA, and dismissed all of the plaintiffs' claims against RCA; (2) denied the plaintiffs' motion for summary judgment regarding the liability of Sunshine; (3) denied the plaintiffs' motion for summary judgment regarding the liability of Mr. Brumfield, TPSB, and Coregis; (4) granted the plaintiffs' motion for summary judgment contending that the statutory limitation on recoverable damages in La. R.S. 13:5106 does not apply to their claims against Coregis and Mr. Brumfield; and (5) denied the plaintiffs' motion for summary judgment contending that La. R.S. 13:5106 does not limit the statutory limitation on recoverable damages to one limitation for both general damages and LeJeune damages.
The plaintiffs and Coregis filed appeals from the July 29, 1998 judgment. On December 21, 1999, this court issued a rule to show cause as to why certain aspects of the appeals should not be dismissed as appeals from partial judgments or from non- appealable interlocutory rulings. The parties timely responded, and this court now addresses each issue appealed as follows.
DENIAL OF PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT REGARDING LIABILITY OF SUNSHINE
In the July 29, 1998 judgment, the trial court denied plaintiffs' motion for summary judgment regarding the liability of Sunshine. The plaintiffs appealed from this ruling. In response to this court's rule to show cause, the plaintiffs withdrew their appeal of this ruling in a brief dated January 7, 2000. Therefore, we need not address this issue.
DENIAL OF PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT REGARDING LIABILITY OF BRUMFIELD, TPSB, AND COREGIS
In the July 29, 1999 judgment, the trial court denied plaintiffs' motion for summary judgment regarding the liability of Mr. Brumfield, TPSB, and Coregis. The plaintiffs appealed from this ruling. Although the parties and trial court attempted to certify this ruling as a partial final judgment under La. C.C.P. art. 1915(B), the denial of a motion for summary judgment is an interlocutory ruling and is not certifiable as final under La. C.C.P. art. 1915(B). In response to this court's rule to show cause why the appeal of this ruling should not be dismissed, the plaintiffs seek to have the matter reviewed under our supervisory jurisdiction.
We decline to exercise our supervisory jurisdiction over this matter. The appeal from the trial court's denial of the plaintiffs' motion for summary judgment regarding the liability of Mr. Brumfield, TPSB, and Coregis will be dismissed.
DENIAL OF PLAINTIFFS
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