Eddie L. Collier, III and Terrell Collier v. Board of Supervisors of Louisiana State University and Agricultural and Mechanical College, and John P. Miller ( 2023 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
EDDIE L. COLLIER, III AND NO. 2023 CW 0003
TERRELL COLLIER
VERSUS
BOARD OF SUPERVISORS OF
LOUISIANA STATE UNIVERSITY
AND AGRICULTURAL AND APRIL 13, 2023
MECHANICAL COLLEGE AND JOHN
P. MILLER
In Re: The Board of Supervisors of Louisiana State University
and Agricultural and Mechanical College ( "LSU") , and
Michael Clay Crain, applying for supervisory writs,
19th Judicial District Court, Parish of East Baton
Rouge, No. 654579.
BEFORE: McCLENDON, HOLDRIDGE, AND GREENE, JJ.
WRIT DENIED. The criteria set forth in Herli tz
Construction Co., Inc. v. Hotel Invest~rs of New Iberia, Inc.,
396 So.2d 878 (La. 1981) (per curiam) are' not met.
PMc
HG
Holdridge, J., dissents and would grant the writ
application. I find the plaintiffs fai~ed to present sufficient
evidence to demonstrate that a genuine issue of material fact
exists as to their civil conspiracy claims. See New Orleans Jazz
& Heritage Found., Inc. v. Kirksey, 2009-1433(La. App. 4th Cir.
5/26/10), 40 So.3d 394, 408, writ .denied, 2010-1475 (La.
10/1/10), 45 So.3d 1100 ("The actionabld element under [La. Civ.
Code art.] 2324 is the intentional tort the conspirators agreed
to commit and committed in whole or in part causing plaintiff's
injury.") . Accordingly, I would grant the motion for partial
summary judgment filed by Board of Supervisors of Louisiana
State University and Agricultural and Mechanical College and
Clay Crain, and dismiss plaintiffs' civil conspiracy claims.
COURT OF APPEAL, FIRST CIRCUIT
DEPUTY CLERK OF COURT
FOR THE COURT