Terry and Jo Ann Falcon, Individually and As Husband and Wife and Joyce Falcon VS Clarendon Insurance Company, Steve Kent Trucking, Inc., Martin R. Leger, Jr., Danny Childers, Oil Mop, L.L.C., Master Vac Hydro Services, L.L.C., Master Vac Industrial Services, L.L.C. and State of Louisiana, Department of Environmental Quality
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NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT 2007 CA 0152 NO TERRY AND JO ANN FALCON INDIVIDUALLY AND AS HUSBAND AND WIFE AND JOYCE FALCON VERSUS CLARENDON INSURANCE COMPANY STEVE KENT TRUCKING INC MARTIN R LEGER JR DANNY CHILDERS OIL MASTER V AC HYDRO SERVICES L L C MOP L L C MASTER V AC INDUSTRIAL SERVICES L L C AND STATE OF LOUISIANA DEPARTMENT OF ENVIRONMENTAL Judgment On Rendered QUALITY September 14 2007 Appeal from the 23rd Judicial District Comi In and for the Parish of Assumption State of Louisiana Trial Court No 28 065 Honorable Guy Holdridge Judge Presiding Richard A Thalheim Jr Attorney for Plaintiffs Appellants Thibodaux LA Terry and J 0 Ann Falcon and Joyce Falcon David P Attorney Oil Mop Salley New Orleans LA Appellee Inc Attorney for Defendant Appellee Master Vac Hydro Services L L C Edwin Fleshman Baton for Defendant Rouge LA for Defendant Appellee Thomas P Diaz Attorney New Orleans LA Master Vac Industrial Services L L C BEFORE Qf q CARTER Qe q C PETTIGREW AND WELCH n J C 9 CARTER C J Property Plaintiffs who suffered property spilled chemicals judgment Jo Ann Falcon Terry Falcon owners onto their property damage appeal a Services L L C Master Vac following reasons we relating affinn in part and to the reverse Joyce Falcon trucking company judgment granting summary when dismissing their claims against and and a Vac Master Industrial For the cleanup of the spill in part FACTS AND PROCEDURAL HISTORY This 06 2418 is appeal La 1 App rendered in favor of Steve Kent Mop soil a s 14 9 to that of Falcon 07 similarly situated of chemicals that co no defendant Oil thereon when After the fmiher Oil to of its trucks completed required by was inter alia alleging trespass Mop as defendants in the property damages due to a to the driveway by heavy equipment used in the cleanup and further damage as gravel that clean Depmiment of Environmental Quality guidelines suit driveway petition judgment Mop was original chemical spill and its inadequate cleanup damage caused Co Mop Inc one cleanup cleanup Plaintiffs named both Master Vac and Oil resulting Clarendon Ins Master Vac and Oil spilled vehicle accident single v which considers summary Trucking hired both detennined sampling Louisiana Cir a plaintiffs properties overturned in companion a well was as personal injury poured over the then moved for summary that it owed any duty plaintiffs damages to or plaintiffs that to one driveway plaintiff caused that its actions suffered 2 the by unstable Master Vac answered the judgment contending there plaintiffs to were the damages due was no proof cause in fact of to any action of Master Vac dismissed The trial plaintiffs court claims the motion for summary judgment and granted against Master Vac Plaintiffs now appeal DISCUSSION Smmnary judgments appellate court the using reviewed are judgment when there is admissions genuine on issue matter of file issue of material fact depositions together the moving party an the to C C P to do so art 966 Guar Ass 2 reasons that the essential The motion should be and intenogatories to show that there is is entitled to judgment no as a the moving party However no s produce its satisfy App I Cir set fOlih in the cause by Steve pmiy in fact and Kent by pointing or more defense action factual support sufficient evidentiary burden or to of proof at trial genuine issue of material fact LSA 13 7 07 damages case Louisiana Ins cited above elements Master Vac Trucking and v So 2d companion 3 one out claim Southern Silica of Louisiana Inc La on will not bear the burden of proof at trial plaintiffs negligence claims against caused on must shows that there is 06 2023 n F or the spill s full scale trial absence of factual support for nonmoving pmiy C is adverse establish that it will be able to failure mover court A motion for a burden of proof on the motion is satisfied s essential Thereafter the proof moving pmiy that there is court elements with any affidavits the LSA C C P art 966 B issues for which the the answers to material fact and that The initial burden of to avoid to with trial appropriate procedural device used pleadings as law a genuine no if the granted is novo the criteria that govelTI same determination of whether smmnary judgment is summary de appeal on missing are arising from Master Vac s we find fl om the chemical actions in cleaning that dismissing plaintiffs The trial cleanup like Oil Master Vac spill claims court s Mop is entitled to summary judgment against it that arise from the original spill and its judgment is affirmed insofar it dismisses those as claims However the trial dismissed all of court Master Vac which included claims above and Kent Trucking such claims for as personal injury damages suffered when that had been poured motion for summary against or it by the over the one judgment states summary driveway damage or comi A 01 2200 judgment must damage to the La on we loose gravel Master Vac s not were 4 3 02 and for a due to slip and fall claims As the motion for summary So 2d 329 as for mover adequately place those claims challenged by the pleading 813 suppOli for conclude that Master Vac did those render be reversed insofar driveway on Steve claim for a lack of factual a personal injury judgment court cannot dismissing claims that Hoover out Master Vac failed to judgment before the plaintiff slipped by However Master Vac does not in its motion plaintiffs for summary move driveway and a against seeking dismissal of all claims it is After careful review of the record not those caused driveway during the cleanup supporting memorandum attack or point the claims for beyond to damages claims plaintiffs 334 judgment Hoover v The trial comi s it dismisses the claims for propeliy personal injuries allegedly caused by a slip and fall CONCLUSION For these reasons the trial court dismisses those claims related The trial court s judgment to the s judgment original chemical is reversed insofar 4 is affirmed insofar as as it spill and its cleanup it dismisses plaintiffs claims for property slip and fall with this This opinion damage matter the driveway and for personal injuries due is remanded for further One half of the costs of this Vac Industrial Services Inc Ann Falcon and to appeal proceedings consistent are with the other half assessed assessed to to Master Teny Falcon Joyce Falcon AFFIRMED IN PART REVERSED IN PART AND REMANDED 5 to Jo
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