STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT CALVIN J. HILL, INDIVIDUALLY NO. 2021 CW 0221 AND AS THE EXECUTOR OF THE SUCCESSION OF ELNORA JOHNSON HILL

VERSUS

TMR EXPLORATION, INC., PARK EXPLORATION, INC., AND VITOL JULY 20, 2021 RESOURCES, INC.

In Re: Schlumberger Technology Corporation, applying for supervisory writs, 18th Judicial District Court, Parish of West Baton Rouge, No. 41245.

BEFORE: McDONALD, HOLDRIDGE, AND PENZATO, JJ.

WRIT DENIED.

GH AHP

McDonald, J., dissents and would grant the writ application. I would reverse the trial court' s February 25, 2021 judgment denying the motion for summary judgment filed by defendant, Schlumberger Technology Corporation. Schlumberger Technology Corporation pointed out the absence of factual support for one or more essential elements of plaintiffs' claims. Defendant pointed out the absence of factual support that it breached its duty to act as a reasonable contractor, that it entered plaintiffs' property and committed damage thereon which would constitute subsurface trespass, or that it knew or, in the exercise of reasonable care, should have known that its work would cause damage or that it failed to exercise such reasonable care pursuant to La. Civ. Code art. 667.

Plaintiffs failed to produce factual support sufficient to establish the existence of a genuine issue of material fact as to these essential elements or that defendant is not entitled to judgment as a matter of law. La. Code Civ. P. art. 966 ( D) ( 1) .

Accordingly, I would grant the motion for summary judgment filed by defendant, Schlumberger Technology Corporation, and dismiss with prejudice plaintiffs' claims against defendant, Schlumberger Technology Corporation.

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT FOR THE COURT