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Jewell v. Thompson
Citation: 386 So. 2d 689Docket: 7679
Court: Louisiana Court of Appeal; June 25, 1980; Louisiana; State Appellate Court
James A. Jewell appealed a trial court's summary judgment in favor of Rickey E. Thompson and other defendants, asserting his personal injury claim from an accident on October 31, 1978. Jewell was employed by Thompson, who had contracted with Lonnie Blackmon and Blackmon Trucking Company to haul wood products for Boise Southern Company. The defendants argued that Jewell's claims were limited to workmen's compensation benefits under Louisiana's Workmen's Compensation Law, as they were his employers at the time of the accident. Jewell sustained injuries from an explosion while filling his truck with diesel at Blackmon Trucking's facility. The trial court needed to determine if there was a genuine issue regarding the contractual relationship between Blackmon and Boise. Defendants provided affidavits claiming that contracts were executed between Boise and Blackmon Trucking, not Lonnie Blackmon individually, despite the contracts being signed in Blackmon’s name due to a lack of notification to Boise about his company's incorporation. Funds from Boise were deposited into Blackmon Trucking's account, and payments to Thompson were drawn from this account. Jewell contended that a genuine issue of material fact existed regarding the nature of the contract. The appellate court agreed, citing Louisiana Code of Civil Procedure Articles 966 and 967, which govern motions for summary judgment, indicating that a plaintiff or defendant may move for such judgment at any time after an answer has been filed. A motion for summary judgment can be filed at any time but must be served at least ten days before the hearing. The opposing party may submit affidavits prior to the hearing. Summary judgment is granted when the evidence, including pleadings and affidavits, shows no genuine issue of material fact, entitling the moving party to judgment as a matter of law. Affidavits must be based on personal knowledge and admissible facts, and any referenced documents must be attached. If the opposing party cannot present essential facts via affidavit, the court may refuse the motion or allow time for discovery. Bad faith or delaying tactics in presenting affidavits can result in sanctions and contempt findings. In the current case, the defendants presented supporting affidavits and other documents, while the plaintiff provided no opposing evidence. Although the lack of counter-affidavits does not guarantee summary judgment, the court emphasized that judgment is only proper if all evidence shows no genuine issue of material fact. Affidavits cannot replace the court's findings of fact, and summary judgment should not substitute for a trial on contested facts. A genuine issue regarding the status of Lonnie Blackmon and Blackmon Trucking Company, Inc. exists, warranting further examination. Summary judgments are generally disfavored, and any uncertainty is resolved against granting them. Consequently, the previous summary judgment in favor of the defendants is annulled and set aside, with the case remanded for further proceedings and costs pending resolution of the merits.