Richard v. Rivas et al

Filing 38

ORDER granting 33 Motion for Partial Summary Judgment. Signed by Judge Lance M Africk. (car, )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA TIFFINEY R. RICHARD VERSUS RAMON RIVAS, ET AL. ORDER Considering the foregoing unopposed partial motion for summary judgment filed by plaintiff, Tiffiney R. Richard,1 IT IS ORDERED that the motion is GRANTED. The evidence presented by plaintiff demonstrates that Ramon Rivas rear-ended another vehicle and caused plaintiff's accident. A following motorist in a rear end collision is presumed negligent. Brightman v. RTA, 543 So.2d 568, 570 (La. App. 4 Cir. 1989). Defendant, ABC Professional Tree Service, Inc. ("ABC"), stipulated that, at the time of the accident, Rivas was acting in the course and scope of his employment. Because ABC has presented no evidence to rebut the presumption of negligence or to suggest the fault of any other party, the Court finds that there are no genuine issues of material fact with respect to liability. Accordingly, the Court grants plaintiff's motion and it finds ABC 100% at fault for plaintiff's accident. New Orleans, Louisiana, February 25, 2010. ___________________________________ LANCE M. AFRICK UNITED STATES DISTRICT JUDGE CIVIL ACTION No. 09-20 SECTION I/5

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R. Doc. No. 33.

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