Foreman v. Maryland Casualty Co.

SAVOY, Judge.

Plaintiff appeals from a judgment of the district court granting defendant’s motion for summary judgment and dismissing her suit.

In the landmark case of Kay v. Carter, 243 La. 1095, 150 So.2d 27 (1963), our State Supreme Court held that a summary judgment should only be granted if there is a showing by the mover that there is no genuine issue of fact, and the burden of proof is on the mover.

In the instant case plaintiff filed an action in tort against Roy R. Breaux, minor, *554through his father, Roy C. Breaux, administrator; the Breaux vehicle liability insurer, Travelers Insurance…