Stevie Burney v. Madison Parish Hospital Service District et al.

Summary

The United States District Court for the Western District of Louisiana granted RSUI Indemnity Corp.’s second motion for summary judgment in Stevie Burney’s action concerning alleged retaliation arising from her employment at Madison Parish Hospital. The court held that RSUI had exhausted the $1,000,000 limit of liability under the Employment Practices Liability coverage section of its policy through payments and defense expenses in a related suit. Burney’s claims against RSUI were dismissed with prejudice.

Holdings

1. RSUI exhausted the $1,000,000 individual limit of liability under the policy's Employment Practices Liability coverage section through settlement, defense, and related expenses incurred in the Topolewski suit; consequently, RSUI had no ongoing liability under the policy for Burney's claims.
2. A court may grant an unopposed summary-judgment motion only after independently determining that the undisputed facts establish the movant's entitlement to judgment as a matter of law; the absence of a response alone is insufficient.

Questions Presented

1. Whether RSUI established on summary judgment that it exhausted the $1,000,000 limit of liability under the policy's Employment Practices Liability coverage section.
2. Whether RSUI was entitled to summary judgment despite Burney's failure to respond to the motion.

Disposition

dismissed