Parker, et al. v. NGM Insurance Company, et al, No. 2:2015cv02123 - Document 68 (E.D. La. 2016)

Court Description: ORDER AND REASONS re 50 Motion for Partial Summary Judgment. IT IS ORDERED that Plaintiffs motion for partial summary judgment on causation be and hereby is DENIED. IT IS FURTHER ORDERED that the Defendants 61 motion to strike Exhibit B to Plaintiffs motion, as well as Defendants 62 motion for expedited consideration of the motion to strike, be and hereby are DENIED AS MOOT. Signed by Judge Susie Morgan on 5/12/2016. (bwn)

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Parker, et al. v. NGM Insurance Company, et al Doc. 68 U N ITED S TATES D ISTRICT COU RT EASTERN D ISTRICT OF LOU ISIAN A ROBERT PARKER, ET AL., Plain tiffs CIVIL ACTION VERSU S N O. 15 -2 12 3 N GM IN SU RAN CE COMPAN Y, ET AL., D e fe n d an ts SECTION : “E” ( 3 ) ORD ER AN D REAS ON S Before the Court is a m otion for partial sum m ary judgm ent filed by Plaintiffs Robert Parker and Krista Elaine Parker. 1 Plaintiffs seek a ruling that the Housley presum ption applies and that, as a result, Plaintiffs are entitled to sum m ary judgm ent as to causation. 2 The m otion is opposed. 3 For the reasons that follow, the m otion is D EN IED . In Housley v. Cerise, the Louisiana Suprem e Court established a presum ption to aid plaintiffs in negligence cases. 4 The presum ption applies if the plaintiff(s) can establish that: (1) he or she was in good health prior to the accident; (2) subsequent to the accident, sym ptom s of the alleged injury appeared and continuously m anifested them selves thereafter; and (3) there is a reasonable possibility that a causal connection exists between the accident and the alleged injury. 5 As the Court held previously, whether Robert Parker’s personal injuries were caused by the accident-in-question is disputed, as the Defendants have evidence suggesting that Parker’s injuries pre-existed the accident. As a result, m aterial issues of 1 R. Doc. 50 . Id. at 1, 10 . 3 R. Doc. 63. 4 Housley v. Cerise, 579 So. 2d 973 (La. 1991). 5 Id. at 980 . 2 1 Dockets.Justia.com fact rem ain in dispute with respect to whether Robert Parker was in good health prior to the accident and whether he suffered any personal injuries as a result of the accident. CON CLU SION For the foregoing reasons, IT IS ORD ERED that Plaintiffs’ m otion for partial sum m ary judgm ent on causation be and hereby is D EN IED . 6 IT IS FU RTH ER ORD ERED that the Defendants’ m otion to strike “Exhibit B” to Plaintiffs’ m otion, as well as Defen dants’ m otion for expedited consideration of the m otion to strike, 7 be an d hereby are D EN IED AS MOOT. N e w Orle an s , Lo u is ian a, th is 12 th d ay o f May, 2 0 16 . ________________________________ SU SIE MORGAN U N ITED S TATES D ISTRICT J U D GE 6 7 R. Doc. 50 . R. Docs. 61, 62. 2

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