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Binkley v. Landry9/28/2001
ry did in the instant case, may constitute a negligent act. Likewise, the lack of closer supervision of drivers in the parade could be construed as negligence on the part of Mystic Krewe. However, we believe such actions taken, without more, would only amount to ordinary negligence rather than gross negligence.
After careful review, we find no error in the trial court's conclusion that Mystic Krewe and its insurer, Essex, were entitled to summary judgment in their favor as a matter of law. The record supports the trial court's conclusion that plaintiffs failed to prove the existence of a genuine issue of material fact concerning whether members of Mystic Krewe acted in a deliberate and wanton or grossly negligent manner in the supervision of the drivers in the parade. Thus, we find plaintiffs' assignments of error regarding the summary judgments granted to Mystic Krewe and Essex to be without merit.
Inasmuch as we affirm the trial court's granting of summary judgments in favor of Mystic Krewe and Essex, discussion of the remaining assignment of error concerning plaintiffs' right of action against Mystic Krewe's procuring insurance agent (McInnis Agency) is rendered moot.
CONCLUSION
For the reasons assigned, we affirm the trial court's judgments at plaintiffs' cost.
AFFIRMED.
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