Sheree Glass, Individually and on behalf of her minor child Julius Leroy Morgan VS Microtel Inn & Suites Ponchatoula and Wilshire Insurance Company
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STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT SHEREE GLASS, AND BEHALF OF HER MINOR ON CHILD INDIVIDUALLY JULIUS LEROY NO. 2020 CW 0419 MORGAN VERSUS MICROTEL INN & PONCHATOULA SUITES AND INSURANCE COMPANY In Microtel Re: NOVEMER Inn & Insurance 21st defendants, Insurance Ponchatoula Wilshire and for applying District WELCH, GRANTED. denied which 2020 writs, supervisory Parish of Tangipahoa, Court, 20170001892. MCCLENDON, WRIT Suites Company, Judicial No. BEFORE: 09, WILSHIRE AND The the Arial 5, May s 2020 judgment filed judgment summary by Suites and Ponchatoula Wilshire Inn & is Company, court' JJ. for motion Microtel HOLDRIDGE, When reversed. the mover will not bear the burden of proof on the issue that is before the court on the motion far summary judgment, the mover` s burden does not require him to negate but claim; factual knew or in actual been or issue. no Ponchatoula, condition East v. Plaintiff to sufficient The Company, motion Inn & is individually the and on summary behalf of her JEW GH DEPUTY FOR FIRST CIRCUIT CLERK OF COURT THE COURT of of are of a as to their prove the So. 3d Works, 409, produce 414. evidence issue genuine or the incident. Public of at Inn & defect. alleged to this treadmill of constructive to entitled summary filed by defendants, and Wilshire plaintiff, minor care, Microtel actual judgment claims PMC OF APPEAL, to Ponchatoula the dismissed. COURT 248 defendants for and 18), damage In care. the an failed existence element Suites granted, 6/ damage the plaintiff Department Glass, the therefore, and Microtel to as 4/ in prior The reasonable evidence of the period Parish Cir. Sheree establish fact judgment. lst notice the 1). for that of defendant, that time some Rouge App. herein, material notice, for that actual of defect a to of he showing that should have known reasonable absence of requires Baton La. an evidence had notice existed 201! 7-- 1445 ( are was out notice 966( 1))( damage, exercise such a care, the party' s absence essential.. art. upon reasonable exercise the answerable only the adverse court P. is caused by prevented pointed Civ. defect of the of the elements thing a which to more Code or constructive Constructive Clark vice failed There Suites La. of to out or exercise defendants case, one defect or he that and the vice have could for its by elements point custodian or, the to claim. party' s occasioned of essential rather support adverse owner all child, Insurance Sheree Julius Class, Morgan,
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