Summary judgment is designed to enable judicial expediency and cost-effectiveness in the courts. It is an important and complicated procedure that can occur repeatedly during litigation. When summary judgment is asserted repeatedly in the same case, how do parties prevail in their attempts to get or defeat summary judgment motions? The following case helps answer that question.
Ozark Motor Lines transported a packed Ozark trailer from Restoration Hardware to Baton Rouge. In Baton Rouge, Exel Inc. received the trailer, and Exel employee, plaintiff, Alex Talbert, was injured by the boxes being unloaded from the trailer. Talbert then brought a personal injury suit against Restoration Hardware and Ozark for damages, arguing that the trailer was negligently packed and thus caused Talbert’s injuries.
Restoration Hardware was dismissed from the lawsuit, and later, Ozark moved for summary judgment twice. The trial court denied the first motion, but the second motion was granted after Ozark submitted additional documents to the court. Talbert appealed the trial court’s granting of summary judgment for Ozark, arguing that issues of material fact remained and that the court should not have heard Ozark’s second motion.