STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT JEREMY WILLIAMS NO. 2023 CW 1227 VERSUS STUPP COATINGS, LLC JANUARY 29, 2024

In Re: Kandis Bradley, individually as spouse of Jeremy Williams, Sr., and on behalf of her minor child, Kyleigh Williams, Daidrell Jackson, on behalf of her minor children, Jeremy Williams, Jr., Jermarion Baker, Houston Williams, and Jerney Jackson, and Alicia Maloid, on behalf of her minor child, A'layjah Maloid, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 703766.

BEFORE: McCLENDON, HESTER, AND MILLER, JJ.

WRIT GRANTED. The portion of the trial court's October 18, 2023 judgment which granted, in part, Stupp Coatings, LLC's motion for summary judgment and dismissed plaintiffs' claim that the conduct of Stupp Coatings, LLC constituted an intentional act is reversed. On de novo review, we conclude genuine issues of material fact exist as to whether Jeremy Williams' accident was " substantially certain" to occur. See Reeves v. Structural Pres . Sys . , 9 8 -179 5 ( La . 3 / 12 / 9 9) , 7 31 So . 2d 2 08 , 211 .

Therefore, the motion for summary judgment on that claim is denied.

PMc CHH SMM

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT FOR THE COURT