Dunnington v. Silva9/28/2005
BEFORE: WHIPPLE, McCLENDON, AND WELCH, JJ.
In this appeal, plaintiffs challenge the trial court judgment granting summary judgment in favor of defendants and dismissing their claim for damages. For the following reasons, we affirm.
FACTS AND PROCEDURAL HISTORY
On May 22, 1995, James M. Prather killed his wife, Connie Prather, and his daughter, Marilyn P. Dunnington, in front of Mrs. Prather's beauty shop in Greenwell Springs, Louisiana. After killing Mrs. Prather and Mrs. Dunnington, Mr. Prather killed himself.
Thereafter, Emmett Dunnington, Rebecca Dunnington Smith and Darren B. Dunnington, individually and on behalf of the estate of Marilyn P. Dunnington, the estate of Connie Prather, and the estate of James M. Prather filed a wrongful death and survival action against Frank M. Silva, M.D., and Our Lady of the Lake Regional Medical Center (OLOL). Pursuant to a Stipulated Judgment, on April 22, 2002, all claims relating to the death of Mr. Prather and Mrs. Prather, as well as the claims of the estates of Mrs. Dunnington, Mrs. Prather and Mr. Prather, were dismissed. On April 23, 2004, Dr. Silva and OLOL filed a motion for summary judgment asserting that the remaining plaintiffs, Mrs. Dunnington's husband and her two children, could not establish a breach of duty by defendants or establish any causal connection between any action or inaction of defendants and the death of Mrs. Dunnington. On June 7, 2004, in oral reasons, the trial court granted the motion in favor of both defendants. Judgment was signed on June 15, 2004. Plaintiff then appealed asserting that the trial court erred in granting the summary judgment.
SUMMARY JUDGMENT
A motion for summary judgment is a procedural device used to avoid a full-scale trial when there is no genuine issue of material fact. Johnson v. Evan Hall Sugar Cooperative, Inc., 01-2956, p. 3 (La.App. 1 Cir. 12/30/02), 836 So.2d 484, 486. Summary judgment is properly granted if the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, if any, show that there is no genuine issue of material fact and that mover is entitled to judgment as a matter of law. LSA-C.C.P. art. 966B. Summary judgment is favored and is designed to secure the just, speedy, and inexpensive determination of every action. LSA-C.C.P. art. 966A(2); Thomas v. Fina Oil and Chemical Co., 02-0338, pp. 4-5 (La.App. 1 Cir. 2/14/03), 845 So.2d 498, 501-02.
On a motion for summary judgment, the burden of proof is on the mover. If, however, the mover will not bear the burden of proof at trial on the matter that is before the court on the motion for summary judgment, the mover's burden on the motion does not require that all essential elements of the adverse party's claim, action, or defense be negated. Instead, the mover must point out to the court that there is an absence of factual support for one or more elements essential to the adverse party's claim, action, or defense. Thereafter, the adverse party must produce factual evidence sufficient to establish that he will be able to satisfy his evidentiary burden of proof at trial. If the adverse party fails to meet this burden, there is no genuine issue of material fact, and the mover is entitled to summary judgment. LSA-C.C.P. art. 966C(2); Robles v. ExxonMobile, 02-0854, p. 4 (La.App. 1 Cir. 3/28/03), 844 So.2d 339, 341.
Summary judgments are reviewed on appeal de novo. An appellate court thus asks the same questions as does the trial court in determining whether summary judgment is appropriate: whether there is any genuine issue of material fact, and whether the mover is entitled to judgment as a matter of law. Ernest v.
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