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← 158 So. 3d 270 - Baldwin v. CleanBlast, LLC

158 So. 3d 270 - Baldwin v. CleanBlast, LLC’s Empirical Analysis

2015

Citation profile

1
cited by 1 later decisions
1
states following
June 2016
most recently cited

1 state decisions

Relationships

Relies on McDermott International, Inc. v. Wilander · Chandris, Inc. v. Latsis · Harbor Tug and Barge Company v. Papai · Louisiana Safety Ass'n of Timbermen-Self Insurers Fund v. Louisiana Insurance Guaranty

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “The trial court erred in granting judgment for the Defendant on their Motion for Summary Judgment when the Plaintiffs arguments regarding the veracity of Julie. Paul’s Affidavit, (based off the answer by the Defendant to the-interrogatories) along with the documentary submissions of the Pest Elimination Service Agreement, and the | ^Customer Service Reports, clearly indicate evidence which shows that the Defendant knew or should have known that the ants existed prior to the ant-infestation of September 16, 2011, in the ICU unit, and the hospital did not reasonably do anything to protect the Plaintiff from receiving the ant bites' until after the Plaintiff was attacked and bitten by the ants. Additionally, there clearly exists several “genuine issues of material fact” remaining in the case and the-Defendant’s Motion for Summary Judgment should have [been] denied and the matter proceed to trial on the merits. DISCUSSION The summary judgment procedure of La. Code Civ.P. art. 966(A)(2) “is designed to secure'the just, speedy, and inexpensive determination of every action” except in certain designated cases. It is favored and is to be construed to accomplish those ends. Id. The trial court shall enter summary judgment “if the pleadings, dépositions, answers to interrogatories, and admissions, together with the affidavits, if any, admitted for purposes of the motion for summary judgment, show that there is no genuine issue as to material fact, and that mover is entitled to judgment”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.