Carey v. UMC, 553 So. 2d 472 (La. 1989). · Go Syfert
Search
Carey v. UMC, 553 So. 2d 472 (La. 1989). Cases Citing This Book View Copy Cite
20 citation events (8 in the last 25 years) across 3 distinct courts.
Strongest positive: Bridges v. Carl E. Woodward, Inc., 663 So. 2d 458 (La. Ct. App. 1995)
Treatment trajectory · 1989 → 2026 · click a year to view as-of
1989 2007 2026
How cited ↗
Cited for
q1 “the merit of plaintiff's claim is to be determined after findings of fact upon motion for summary judgment or trial on the merits.”2 citing cases2 citing courts quote it
At page 472 “[t]he merit of plaintiff's claim is to be determined by the finder of fact on motion for summary judgment or trial on the merits”1 citing case1 citing court quotes it
  • Bridges v. Carl E. Woodward, Inc., 663 So. 2d 458 (La. Ct. App. 1995).published
    “[t]he merit of plaintiff's claim is to be determined by the finder of fact on motion for summary judgment or trial on the merits”
Other citing cases2 with no pin cite or quoted language on record
Byron CAREY
v.
UMC (UNITED MECHANICAL CONTRACTORS), et al.
89-C-2616.
Supreme Court of Louisiana.
Dec 8, 1989.
Published opinion
553 So. 2d 472
Cited by 3 opinions  |  Published

Writ 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.