Barbara W. Flake v. P & P Automotive Interests, Inc., Toyota Motor Corporation, and Toyota Motor Sales, U.S.A., Inc.

Summary

The Louisiana Court of Appeal, First Circuit, reviewed a summary judgment dismissing Barbara W. Flake’s claims against P&P Automotive Interests, Inc. arising from an alleged failure of her vehicle’s parking brake. The court held that Flake failed to produce sufficient evidence of a defect at the time of purchase or during P&P’s 2017 inspection, and it affirmed the judgment in favor of P&P.

Holdings

1. Summary judgment was proper because P & P demonstrated an absence of factual support for the essential defect element of Flake's claims, and Flake failed to produce evidence establishing a genuine issue of material fact concerning a defect at the time of purchase or at the time of the September 2017 inspection.
2. The appellate court reviews a summary-judgment ruling de novo and applies the same criteria as the trial court.

Questions Presented

1. Whether summary judgment was proper on Flake's redhibition claim when she failed to produce evidence of a defect in the vehicle at the time of purchase.
2. Whether summary judgment was proper on Flake's negligence claim when she failed to produce evidence of a defect existing at or around the time of P & P's September 2017 inspection.
3. Whether Flake's post-accident videos and expert affidavits established a genuine issue of material fact.

Disposition

affirmed