¶1Writ granted. The judgments of the district and court of appeal granting UMC's exception of no cause of action are reversed. Plaintiff's petition asserts that defendants intended to injure him or knew or should have known that his injury was substantially certain to follow. Conditions of the mind such as malice, knowledge, and intent may be alleged generally. La.C.C.P. art. 856. Furthermore, the purpose of the exception of no cause of action is to determine the sufficiency of the petition and is triable on the face of the papers. Mayer v. Valentine Sugars, Inc.,444 So.2d 618 (La. 1984). The merit of plaintiff's claim is to be determined after findings of fact upon motion for summary judgment or trial on the merits.
553 So. 2d 472
Docket No. 89-C-2616.
Carey v. UMC
Byron CAREY v. UMC (UNITED MECHANICAL CONTRACTORS), et al.
Decided December 8, 1989.
Supreme Court of Louisiana · decided 1989-12-08
Key passage — most relied on by later courts
“[c]onditions of the mind such as malice, knowledge, and intent.”
quoted by 6 later decisions, including 166 So. 3d 344 - Cador v. Deep South Equipment Co., 663 So. 2d 458 - Bridges v. Carl E. Woodward, Inc.
Relies on 444 So. 2d 618 - Mayer v. Valentine Sugars, Inc.
Good law ✅— No negative treatment on recordhow we know
Decided 1989-12-08
How this case has been cited
Cited by 11 later decisions — most recently March 2015
10 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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