Estain v. United States, Department of Transportation & Development

A widow, who filed suit individually and as tutrix of her minor children, appeals the trial court’s granting of summary judgment in favor of the State of Louisiana, through the Department of Transportation and Development (DOTD). For the following reasons, we reverse and remand.

FACTS AND PROCEDURAL HISTORY

This matter comes before us on a motion for summary judgment in which no evidence was introduced. Hence, the record before us, in regard to the motion for summary judgment,1 consists solely of the pleadings and arguments of the parties, and the actions of the trial court. From this record,…