Iris Ann Barron v. Peyton Davison

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 22-145 consolidated with 22-143 and 22-144 IRIS ANN BARRON VERSUS PEYTON DAVISON, AND STATE OF LOUISIANA, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT CONSOLIDATED WITH CHRISTOPHER MADISON, INDIVIDUALLY AND ON BEHALF OF HIS MINOR CHILDREN, LAURYN MADISON AND AUTUMN HAYWARD VERSUS IRIS ANN BARRON, PROGRESSIVE SECURITY INSURANCE COMPANY, PEYTON DAVISON, AND STATE OF LOUISIANA, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT CONSOLIDATED WITH PRISCILLA PETE, INDIVIDUALLY AND ON BEHALF OF HER MINOR CHILD, CHRISTIAN PETE VERSUS IRIS ANN BARRON, PROGRESSIVE SECURITY INSURANCE COMPANY, PEYTON DAVISON, AND STATE OF LOUISIANA, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT ********** APPEAL FROM THE NINTH JUDICIAL DISTRICT COURT PARISH OF RAPIDES, NUMBERS 267,441, 267, 151, AND 267-165 HONORABLE MONIQUE F. RAULS, DISTRICT JUDGE ********** SHARON DARVILLE WILSON JUDGE ********** Court composed of Shannon J. Gremillion, D. Kent Savoie, and Sharon Darville Wilson, Judges.

AFFIRMED.

SAVOIE, J., dissents and assigns reasons.

Wm. David Coffey Assistant Attorney General Louisiana Department of Justice Litigation Division 1450 Poydras Street, Suite 900 New Orleans, LA 70112 (504) 599-1200 Counsel for Defendants/Appellants: State of Louisiana, through the Department of Transportation and Development Peyton Davison Stephen J. Hecker Hecker Law Firm St. Charles Avenue, Suite 2F New Orleans, LA 70130 (504) 491-8599 Counsel for Plaintiff/Appellee: Iris Ann Barron Sebastian Hoffpauir Assistant Attorney General Louisiana Department of Justice Litigation Division Murray Street, Suite B-100B Alexandria, LA 71301 (318) 487-5944 Counsel for Defendants/Appellants: State of Louisiana, through the Department of Transportation and Development Peyton Davison Donna M. Johnson Casler, Bordelon & Gelder 4000 S. Sherwood Forest Boulevard, Suite 303 Baton Rouge, LA 70816 (318) 451-0998 Counsel for Defendants/Appellees: Iris Ann Barron Progressive Security Insurance Company Jeannie C. Prudhomme Assistant Attorney General Louisiana Department of Justice Litigation Division Jefferson Street, 4th Floor Lafayette, LA 70501 (337) 262-1700 Counsel for Defendants/Appellants: State of Louisiana, through the Department of Transportation and Development Peyton Davison Thomas B. Wahlder Attorney at Law 1740 Jackson Street Alexandria, LA 71306 (318) 442-9417 Counsel for Plaintiffs/Appellees: Priscilla Pete, o/b/o Christian Pete Christopher Madison, Individually and o/b/o Lauryn Madison and Autumn Hayward WILSON, Judge.

For the reasons expressed in Pete v. Barron, 22-143 (La.App. 3 Cir. ___/___/___), ___ So.3d ___, we find that a reasonable factfinder could not reach any other conclusion than that Iris Barron (Barron) was free from fault in causing this accident. Barron and Progressive Security Insurance Company (Progressive) met their burden of proving that no genuine issues of material fact exist regarding her lack of fault, and Peyton Davison (Davison) and the State of Louisiana, through the Department of Transportation and Development (DOTD) failed to produce any evidence to controvert this showing. The trial court’s grant of the motion for summary judgment in favor of Barron and Progressive is hereby affirmed. All costs of this appeal, which total $2,730.02, are assessed to Davison and DOTD.

AFFIRMED.

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 22-145 consolidated with 22-143 and 22-144 IRIS ANN BARRON VERSUS PEYTON DAVISON, AND STATE OF LOUISIANA, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT CONSOLIDATED WITH CHRISTOPHER MADISON, INDIVIDUALLY AND ON BEHALF OF HIS MINOR CHILDREN, LAURYN MADISON AND AUTUMN HAYWARD VERSUS IRIS ANN BARRON, PROGRESSIVE SECURITY INSURANCE COMPANY, PEYTON DAVISON, AND STATE OF LOUISIANA, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT CONSOLIDATED WITH PRISCILLA PETE, INDIVIDUALLY AND ON BEHALF OF HER MINOR CHILD, CHRISTIAN PETE VERSUS IRIS ANN BARRON, PROGRESSIVE SECURITY INSURANCE COMPANY, PEYTON DAVISON, AND STATE OF LOUISIANA, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT ********** SAVOIE, J. dissents and assigns written reasons.

I would reverse the trial court’s summary judgment rendered in favor of Ms. Barron and Progressive for the same reasons expressed in my dissent in Pete v. Barron, 22-143 (La.App. 3 Cir. ___/___/___), ___ So.3d ___.