Gills v. Brown

• Decision Date: 21 June 1996
• Citation: 675 So.2d 274
• Parties: 96-1093 La
• Court: Louisiana Supreme Court

Page 274

675 So.2d 274

96-1093 La. 6/21/96

Larry GILLS, Sr., Individually and in re Kiara L. Gills, Larry Gills, Jr. v. Brenda BROWN and Allstate Insurance Company.

No. 96-C-1093.

Supreme Court of Louisiana.

June 21, 1996.

Rehearing Denied Sept. 3, 1996.

Prior report: La.App., 672 So.2d 1093.

In re Gills, Larry, Sr.;--Plaintiff(s); applying for writ of certiorari and/or review; to the Court of Appeal, Fourth Circuit, No. 95CA-2351; Parish of Orleans, Civil District Court, Div. "K", No. 93-10168.

PER CURIAM ^*.

Writ granted. A genuine issue of material fact exists regarding whether the insured intended to injure or kill the victim. Therefore, summary judgment was improperly granted. Accordingly, summary judgment in favor of Allstate Insurance Company is hereby vacated and set aside. This case is remanded to the district court for further proceedings.

WATSON, J., would deny the writ.

BLEICH, J., dissents.

* Victory, J., not on panel. Rule IV, Part 2, § 3.