Legal Opinion

Marziale v. New Orleans Police Department C.C.M.S.I.

Louisiana Court of Appeal

Decided September 18, 2013No. 2012-CA-1713PublishedCited by 1 opinion

1Opinion of the Court

TERRI F. LOVE, Judge.

I iThe plaintiff suffered a stroke while working with the underage drinking task-force and made a claim for workers’ compensation, which was disputed. The City of New Orleans filed a Motion for Summary Judgment, which was granted and the plaintiffs claims were dismissed with prejudice. We find that' the workers’ compensation court weighed the credibility of the plaintiffs evidence and erroneously granted the Motion for Summary Judgment because genuine issues of material fact exist. Therefore, we reverse and remand for proceedings.

FACTUAL BACKGROUND AND PROCEDURAL HISTORY

Mi…

2Cases cited10 opinions

  1. Suire v. Lafayette City-Parish GovernmentSupreme Court of Louisiana · 2005
  2. Dean v. Southmark Const.Supreme Court of Louisiana · 2004
  3. Harold v. La Belle Maison ApartmentsSupreme Court of Louisiana · 1994
  4. Kimpton Hotel & Rest. v. Lib. Mut. Fire In.Louisiana Court of Appeal · 2007
  5. Steinfelds v. VillarubiaLouisiana Court of Appeal · 2010

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3Cited by1 opinion

  1. Circle, LLC v. M&L Engine, L.L.C.Louisiana Court of Appeal · 2022

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