Logan Doucet v. CMS Management, LLC of Mississippi and Nicholson South Partnership in Commendam

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT LOGAN DOUCET NO. 2025 CW 0881 VERSUS CMS MANAGEMENT, LLC OF MISSISSIPPI AND NICHOLSON SOUTH PARTNERSHIP IN FEBRUARY 18, 2026 COMMENDAM In Re: CMS Management, LLC of Mississippi and Nicholson South Partnership in Commendam, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 739774.

BEFORE: MILLER, EDWARDS, AND FIELDS, JJ.

WRIT GRANTED. The district court's August 18, 2025 judgment denying the motion for summary judgment filed by defendants, CMS Management, LLC of Mississippi and Nicholson South Partnership in Commendam, is reversed. A motion for summary judgment shall be granted where the evidence demonstrates that there is no genuine issue of material fact, and the mover is entitled to judgment as a matter of law. La. Code Civ. P. art. 966(A) (3). As the party moving for summary judgment, defendant sustained its initial burden of proof by showing ea lack of factual support concerning the existence of an unreasonably dangerous condition on defendant’s property and actual or constructive notice of defendant. The burden then shifted to plaintiff to produce factual support sufficient to establish the existence of a genuine issue of material fact as to the existence of an unreasonably dangerous condition on defendant’s premises, and whether defendant had actual or constructive notice of the condition. Plaintiff failed to produce factual support sufficient to show a genuine issue of material fact as to these necessary elements of her claim. Accordingly, defendant's motion for summary judgment is granted and the claims asserted by plaintiff, Logan Doucet, against defendants, CMS Management, LLC of Mississippi and Nicholson South Partnership in Commendam, are dismissed.

SMM BDE “COURT OF APPEAL, FIRST CIRCUIT ~ DEPUTY CEERR OF COURS \ FOR THE COURT