Jun 11

Appellate Victory: First Circuit Affirms Summary Judgment in Favor of Automotive Dealership Client


Breazeale Sachse is proud to announce a significant appellate victory on behalf of an automotive dealership client in a complex personal injury action involving claims of negligence, products liability and redhibition.

In this case, the plaintiff claimed that after she engaged the parking brake, her vehicle unexpectedly rolled backward down a driveway, pinning her against an object and causing serious bodily injury. She filed suit alleging that the vehicle's parking brake system was defective and that our client who sold her the vehicle two years prior failed to identify the purported defect at the time of the sale or when performing a routine oil change and multi-point inspection a few months before the accident.

Following extensive discovery, our litigation team moved for summary judgment, arguing that, even with her expert’s opinion, the plaintiff could not establish essential elements of her claims—the existence of an actual defect in the vehicle or any negligent act on behalf of the dealership. The trial court agreed and granted our client’s Motion for Summary Judgment, dismissing plaintiff’s claims.

After substantial briefing and oral argument, the Louisiana First Circuit Court of Appeal unanimously affirmed the lower court’s judgment. The First Circuit held that the plaintiff failed to produce competent evidence demonstrating the existence of any defect in the vehicle at any time. The court also found that speculative and conclusory expert opinions were insufficient to overcome our client’s Motion.

Given the severity of the accident and the injuries alleged, this case presented substantial exposure for our client despite the absence of any wrongdoing on its part. However, the First Circuit’s decision reinforces the principle that liability cannot be imposed absent competent evidence.

Breazeale Sachse’s litigation team included partner, Joseph J. Cefalu, III, and associates, Robert Moseley Schmidt and Charles C. Szeszycki. The firm's successful defense resulted in the complete dismissal of all claims against our client at the trial court and affirmation of that judgment on appeal. The decision serves as an important victory for automotive dealers and businesses facing defect and negligence-based claims unsupported by reliable evidence.