STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT BRAXTON LEBLANC AND JENNA NO. 2022 CW 0858 LEBLANC, ON BEHALF OF THEIR MINOR CHILDREN, BAYLOR LEBLANC AND JENSEN LEBLANC

VERSUS

ASHLEY FURNITURE INDUSTRIES, OCTOBER 6, 2022 INC. AND BELLELO' S FURNITURE APPLIANCE, L. L. C.

In Re: Ashley Furniture Industries, Inc., applying for supervisory writs, 18th Judicial District Court, Parish of West Baton Rouge, No. 45123.

BEFORE: WHIPPLE C. J., GUIDRY, AND WOLFE, JJ.

WRIT GRANTED IN PART; DENIED IN PART. The portion of the district court' s July 27, 2022 judgment granting Plaintiffs' motion for summary judgment as to Ashley Furniture Industries, Inc.' s Fifteenth Affirmative Defense is hereby reversed.

Whether Ashley knew or should have known of the characteristic that caused Plaintiffs' damage or the danger of such characteristic is a question of fact. See Minton v. Acosta, 2021- 1180 ( La. App. lst Cir. 6/ 3/ 22), 343 So. 3d 721, 729- 30.

Summary judgment is seldom appropriate for determinations based on subjective facts of intent, motive, malice, good faith, or knowledge because these subjective facts call for credibility evaluations and the weighing of testimony. Berthelot v. Indovina, 2021- 1546 ( La. App. lst Cir. 6/ 3/ 22), 343 So. 3d 209, 214- 15. We find genuine issues of material fact remain to preclude summary judgment as to Ashley' s Fifteenth Affirmative Defense. See La. Code Civ. P. art. 966( D)( 1). Accordingly, Plaintiffs' motion for summary judgment as to Ashley' s Fifteenth Affirmative Defense is denied. The writ application is denied in all other respects.

VGW JMG EW

COURT OF APPEAL, FIRST CIRCUIT

Cq DEPUTY 4 CLERK OF COURT FOR THE COURT