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LEBLANC v. TRAPPEY

No. 02-1103.

838 So.2d 860 (2003)

Harry A. LEBLANC v. W.J. TRAPPEY, Sr., et al.

Court of Appeal of Louisiana, Third Circuit.

Writs Denied May 2, 2003.

Attorney(s) appearing for the Case

Louis R. Koerner, Jr., Koerner Law Firm, Kenneth W. Jacques, Law Office of Kenneth W. Jacques, New Orleans, LA, for Plaintiff/Appellant, Harry A. Leblanc.

William A. Repaske, Edward P. Landry, Landry & Watkins, New Iberia, LA, for Defendants/Appellees, W.J. Trappey, Sr., Continental Insurance Company.

Mary M. Hamilton, Voorhies & Labbe, Lafayette, LA, for Defendant/Appellee, State of Louisiana through the Department of Transportation & Development.

Paul A. Holmes, Baton Rouge, LA, for Defendant/Appellee, City of New Iberia.

Court composed of JOHN D. SAUNDERS, BILLIE COLOMBARO WOODARD, and ELIZABETH A. PICKETT, Judges.

WOODARD, Judge.

Mr. Harry A. Leblanc appeals from the trial court's grant of a partial summary judgment, which declared that Mr. W.J. Trappey, Sr. cannot be held liable for a tree on his property, which allegedly caused the automobile accident between Mr. Leblanc and Ms. Chantel Martin. This was based on the trial court's determination that Mr. Trappey did not have a duty, concerning the tree.

We find that there remains a genuine issue of material fact regarding...

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