John Barret Smelley v. National Liability and Fire Insurance Company, et al - Reversal of Partial Summary Judgment
Summary
The Louisiana Court of Appeal, First Circuit granted supervisory writs and reversed the trial court's December 15, 2025 judgment that had granted plaintiffs' cross motion for partial summary judgment. The appellate court found genuine issues of material fact remain regarding whether Russell Jackson was an employee, precluding summary disposition under La. Code Civ. P. art. 966(A)(3).
What changed
The Louisiana Court of Appeal granted supervisory writs and reversed the trial court's partial summary judgment in favor of plaintiffs. The appellate court applied the summary judgment standard under La. Code Civ. P. art. 966(A)(3), which requires showing no genuine issue of material fact exists. The court determined that questions of fact remain regarding whether Russell Jackson was an employee, making summary judgment inappropriate at this stage.
For insurers, employers, and parties involved in similar litigation, this ruling reinforces that employment status determinations are typically unsuitable for summary disposition when genuine factual disputes exist. Courts will continue to scrutinize employment classification carefully, and parties should anticipate that such issues will proceed to trial rather than be resolved on summary judgment. This decision may impact litigation strategy in insurance coverage disputes involving employment-related questions.
What to do next
- Monitor for further proceedings in Smelley v. National Liability litigation
- Review employment classification practices in light of this ruling
- Update litigation hold for insurance coverage disputes
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April 8, 2026 Get Citation Alerts Download PDF Add Note
John Barret Smelley v. National Liability and Fire Insurance Company,et al
Louisiana Court of Appeal
- Citations: None known
- Docket Number: 2026 CW 0051
Precedential Status: Unknown Status
Combined Opinion
STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
JOHN BARRET SMELLEY HUSBAND NO. 2026 CW 0051
OF/AND REBECCA SMELLEY
VERSUS
NATIONAL LIABILITY AND FIRE
INSURANCE COMPANY, RUSSELL
B. JACKSON, WESTERN WORLD
INSURANCE COMPANY, AND EAST
BATON ROUGE HEAD START
CENTER APRIL 08, 2026
In Re: Travelers Indemnity Company of Connecticut, applying
for supervisory writs, 19th Judicial District Court,
Parish of East Baton Rouge, No. 646363.
BEFORE : THERIOT, BALFOUR, AND HAGGERTY,1! JJ.
WRIT GRANTED. The trial court’s December 15, 2025 judgment
which granted plaintiffs’ cross motion for partial summary
judgment is reversed. A motion for summary judgment shall be
granted if the motion, memorandum, and supporting documents show
that there is no genuine issue as to material fact and that the
mover is entitled to judgment as a matter of law. La. Code Civ.
P. art. 966(A) (3). There remain issues of material fact in
determining whether Russell Jackson was an employee which
precludes the grant of this motion for partial summary judgment.
MRT
BDH
COURT OF APPEAL, FIRST CIRCUIT
\
Mey A Adis
error CLERK OF COURT
[See
FOR THE COURT
lHaggerty, J., serving pro tempore, by special appointment of the Louisiana
Supreme Court.
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