STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT BENJAMIN W. DART, III, AND NO. 2023 CW 0553 RUTH ANDERSON VERSUS WASTE MANAGEMENT OF LOUISIANA, LLC, KOIEY FERGUSON, ACE AMERICAN NOVEMBER 1, 2023 INSURANCE COMPANY

In Re: Waste Management of Louisiana, LLC and ACE American Insurance Company, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 695414.

BEFORE: McCLENDON, HESTER, AND MILLER, JJ.

WRIT GRANTED. Pursuant to our de novo review of the supporting and opposing summary judgment documents, we conclude that defendants presented sufficient evidence to establish that there is no genuine issue of material fact that the accident was caused solely by the fault of plaintiff in failing to maintain a sharp lookout and in failing to follow at a distance from the preceding vehicle that was sufficient to allow him to stop safely under normal circumstances. See Hooper v. Lopez, 2021- 1442 (La. App. 1st Cir. 6/22/22), 344 So. 3d 656, 662. As a following motorist, pursuant to La. R.S. 32:81, plaintiff is legally presumed to be at fault for the accident. Plaintiff failed to produce factual support sufficient to establish the existence of a genuine issue of material fact to rebut the presumption of negligence against him. Moreover, plaintiff failed to produce factual support to demonstrate that any hazard presented by the garbage truck was unavoidable or that any action or inaction on the part of the defendants was a cause-in- f act of the rear-end collision. Accordingly, we reverse the April 13, 2023 judgment that denied defendants' motion for summary judgment. The motion for summary judgment is granted and plaintiffs' claims against defendants, Waste Management of Louisiana LLC and Ace American Insurance Company, are dismissed with prejudice.

PMc CHH SMM

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT FOR THE COURT