Bertrand v. Howard Trucking Co.

FORET, Judge.

Billy Lee Bertrand (plaintiff) appeals from the trial court’s granting of a motion for summary judgment filed by defendant, Howard Trucking Company, Inc. We reverse and remand for trial on the merits.

The sole issue is whether the trial court properly granted the motion for summary judgment.

FACTS

This is the second time this action comes before this Court on appeal from the granting of a motion for summary judgment filed by defendant. For a detailed review of the facts involved, see Bertrand v. Howard Trucking Company, Inc., 406 So.2d 271 (La.App. 3 Cir.1981), writ denied, 410…