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McNeer Elec. Contracting, Inc. v. CRL, INC.

Citations: 621 So. 2d 99; 1993 La. App. LEXIS 2457; 1993 WL 217212Docket: 24910-CA

Court: Louisiana Court of Appeal; June 23, 1993; Louisiana; State Appellate Court

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Defendant CRL, Inc. appeals a partial summary judgment favoring plaintiff McNeer Electrical Contracting, Inc., which arose from a dispute over an unpaid bill of $29,091.66 for electrical work performed after CRL's business premises were damaged by fire. CRL contends that it had an agreement with McNeer for a payment range of $10,000 to $15,000, contingent on the quality of work. CRL alleges multiple breaches, including the installation of used circuit breakers billed as new, charges for unused wire, overcharges for materials, and inflated labor hours. McNeer sought partial summary judgment for $10,000, which the court granted while reserving its rights to additional claims.

CRL's attempts to limit liability and obtain a new trial were denied, leading to this appeal. The court referenced LSA-C.C.P. Art. 966, which outlines that summary judgment is appropriate if there are no genuine issues of material fact and the mover is entitled to judgment as a matter of law. The court affirmed the trial court's decision, emphasizing that the burden rests on the mover to demonstrate the absence of genuine issues, and the opposing party must present specific facts in response. The presence of a factual issue does not automatically defeat summary judgment, reinforcing the standard that the mover must clearly establish the truth of their claims.

A mover entitled to judgment as a matter of law can prevail even if a factual issue is immaterial to their claim. Appellate courts review summary judgments de novo, using the same criteria as the district court. Curtis McNeer, president of McNeer Electrical Contracting, Inc., filed an affidavit claiming CRL owes $29,091.66 plus interest, attorney's fees, and costs. The deposition of CRL's president, Charles R. Lombardino, indicates he admitted CRL owes at least $10,000 for improvements made, stating a range of $10,000 to $15,000 for payment. CRL argues that Lombardino's deposition should not have been considered since it was not formally entered into evidence. However, Louisiana law allows the trial court to consider depositions in summary judgment motions, and the deposition was included as an addendum to the motion. CRL further contends there is a genuine material fact issue because Lombardino's statements were about a potential range of payment rather than an acknowledgment of a specific debt. Despite this, McNeer contends that Lombardino's admissions justify a partial summary judgment, supported by case law where a court granted partial summary judgment for an undisputed amount acknowledged by the defendant.

McNeer successfully argued that Lombardino's declaration constituted an admission sufficient for a motion for summary judgment. Under LSA-C.C. Art. 1853, a judicial confession is a statement made by a party during judicial proceedings that serves as conclusive evidence against that party. Such a confession is indivisible and can only be revoked for factual error. Lombardino's acknowledgment of a $10,000 debt to McNeer was adequate to justify a partial summary judgment for that amount against CRL, as no further evidence was necessary to establish this fact. Despite McNeer asserting a larger claim of $29,091.66, the undisputed admission of $10,000 allowed for the partial summary judgment. Thus, the trial court's decision to grant McNeer's motion was upheld. The judgment was affirmed, with costs borne by the appellant.