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Johnson v. Hamp's Construction, LLC

Citations: 221 So. 3d 222; 2017 La.App. 4 Cir. 0033; 2017 WL 2494475; 2017 La. App. LEXIS 1073Docket: NO. 2017-CA-0033

Court: Louisiana Court of Appeal; June 7, 2017; Louisiana; State Appellate Court

Narrative Opinion Summary

The case involves an appeal by the Orleans Parish School Board (OPSB) against the district court's judgment granting partial summary judgment to Woodrow Wilson Construction Company, Inc. (WWCC). The dispute centers around an indemnity provision in a public contract following personal injuries sustained at a construction site. The OPSB sought indemnification from WWCC for defense costs and attorneys’ fees under the contract, but WWCC contended that such indemnity was void under La. Rev. Stat. 38:2216(G)(1), which prohibits indemnification for a public body's own negligence. The district court agreed with WWCC, but OPSB appealed, arguing it was a non-negligent party entitled to indemnification. The appellate court reviewed the district court's decision de novo, focusing on whether OPSB's interpretation of the indemnity provision is supported by Louisiana statutory and case law. The court concluded that the indemnity provision did not require indemnification for OPSB's own negligence and that WWCC was not entitled to summary judgment. Consequently, the appellate court reversed the district court's decision and remanded for further proceedings, allowing OPSB to pursue its indemnification claim.

Legal Issues Addressed

Burden of Proof in Summary Judgment

Application: The burden shifts to the adverse party to demonstrate a genuine issue of material fact or that the mover is not entitled to judgment as a matter of law if the mover shows a lack of factual support for the opposing party's claims.

Reasoning: In such instances, the burden shifts to the adverse party to provide sufficient factual support to establish a genuine issue of material fact or to show that the mover is not entitled to judgment as a matter of law.

Contract Interpretation in Summary Judgment

Application: Summary judgment is appropriate in contract interpretation cases when the contract can be construed solely from its text without reference to extrinsic evidence.

Reasoning: Summary judgment is also appropriate in contract interpretation cases when the contract can be construed solely from its text without reference to extrinsic evidence.

Indemnification for Defense Costs

Application: A non-negligent public body may pursue indemnification for defense costs and attorneys’ fees against a contractor, even if negligence allegations are present.

Reasoning: The Court emphasized that a plaintiff's allegation of negligence should not preclude a non-negligent public body from seeking indemnification for defense costs, as this would undermine the purpose of indemnification agreements entered into by public bodies and contractors.

Indemnity Provisions under La. Rev. Stat. 38:2216(G)(1)

Application: This provision prohibits indemnity agreements that require contractors to indemnify public bodies for damages resulting from the public body's own negligence.

Reasoning: La. Rev. Stat. 38:2216(G)(1) declares that any indemnity provision requiring a contractor to indemnify a public body for damages stemming from public body negligence is contrary to state public policy and thus void.

Summary Judgment Standard in Louisiana Civil Procedure

Application: Summary judgment is appropriate when there is no genuine issue of material fact and the mover is entitled to judgment as a matter of law.

Reasoning: The summary judgment standard requires showing no genuine issue of material fact and entitlement to judgment as a matter of law, as stated in Louisiana Civil Procedure.