Louisiana Supreme Court allows co-defendant to appeal granting of Motion for Summary Judgment

May 11, 2023by Milling Law0

The Louisiana Supreme Court resolved a split in the State Court of Appeals in its opinion in “Stephen Amedee & Tanya Amedee vs. Ambridge Hospitality LLC d/b/a Embassy Suites New Orleans et al” (attached) concerning whether where there are multiple defendants in a lawsuit and where one defendant is dismissed on summary judgment, can a co-defendant appeal that dismissal where the plaintiff does not appeal the dismissal. The Louisiana Supreme Court held that a defendant may appeal the summary judgment dismissal of a co-defendant even when the plaintiff chose not to appeal. The reasoning is based upon the pleading of comparative fault and La. C.C.P. art. 966’s mandate that no evidence can be introduced at trial of the fault of a party dismissed on summary judgment.

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