Louisiana Defendant Cannot Seek Allocation of Fault Against Party Dismissed on Summary Judgment

The Louisiana First Circuit Court of Appeal, in an opinion not designated for publication, reaffirmed that once a party has been dismissed from the litigation by a summary judgment, that former party cannot be named on the verdict form and cannot have any percentage of fault attributed thereto.Quinn v. State of Louisiana, DOTD, 2009-0085 (La.App. 1 Cir. 12/23/09). See also Bowie v. Young, 2001-0715 (La.App. 3 Cir. 3/20/02), 813 So.2d 562, 569-570, writ denied, 2002-1079 (La.6/21/02), 819 So.2d 335; and Duzon v. Stallworth, 2001-1187 (La.App. 1 Cir. 12/11/02), 866 So.2d 837, 853-854, writs denied, 2003-0589 (La. 5/2/03), 842 So.2d 1101, 1110 (“when the court determines that a party or nonparty is not negligent [is dismissed on summary judgment], he may not be considered in the allocation of fault, and subsequent evidence may not be admitted to establish his fault.”).

This personal injury legal update is provided by Baton Rouge, Louisiana injury lawyer Scott Andrews of the Louisiana accident and injury law firm, Dué, Guidry, Piedrahita & Andrews.