Cressy v. Huffines Hyundai McKinney
Louisiana Court of Appeal
1DissentCooks, J.
hi respectfully dissent from the majority’s decision to affirm the grant of summary judgment in this case. I do not oppose the majority opinion solely because it affirms what is, by all parties’ acknowledgment, a very harsh result; but most importantly because it is in contravention of the law.
On an appeal involving a motion for summary judgment, the court’s role is not to evaluate the weight of the evidence or to determine the truth of the matter, but instead to determine whether there is a genuine issue of material fact. All doubts should be resolved in favor of the nonmov-ing party. Hines…
2Cases cited8 opinions
- Hines v. GarrettSupreme Court of Louisiana · 2004
- Jones v. Estate of SantiagoSupreme Court of Louisiana · 2004
- Brown v. Drillers, Inc.Supreme Court of Louisiana · 1994
- Hogg v. Chevron USA, Inc.Supreme Court of Louisiana · 2010
- Trahan v. COCO COLA BOTTLING CO. UNITEDSupreme Court of Louisiana · 2005
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