Toups v. Dantin

Supreme Court of Louisiana
Toups v. Dantin, 182 So. 3d 36 (La. 2015)
2015 WL 8683925
Application, Deny, Guidry

Toups v. Dantin

Opinion of the Court

PER CURIAM.

|,Writ granted. The judgment of the Court of Appeal, First Circuit, is reversed and set aside, and the judgment of the trial court, insofar as it granted defendants’ motion for -summary judgment, is vacated. We find there is a genuine issue of material fact as to whether defendant, Adele Dantin knew, or should have known, that her husband, James Dantin was likely to drive her vehicle .in an impaired, negligent, and/or intoxicated state. Such a factual basis would support plaintiffs’ claims at this stage of the case. See La.Code Civ. Pi art. 966. This case is remanded to the district court for further proceedings.

REVERSED AND REMANDED.'

GUIDRY, J., dissents and would deny the writ application.

Reference

Full Case Name
Randy J. TOUPS and Deborah H. Toups v. James G. DANTIN, Adele B. Dantin and Allstate Property and Casualty Insurance Company
Status
Published