In Bailey v. United Gas Pipe Line Co. 27655 (La. App. 2 Cir. 12/6/95), 665 So. 2d 664, writ denied, 96-0058 (La. 2/28/96), 668 So. 2d 372, the employee was killed while making repairs to a pipe coupling. Id. at 666. The employee's wife filed suit against his employer, contending that his employer had committed an intentional act. Id.
The employer filed a motion for summary judgment, disputing that the employee's death was caused by an intentional act. Id.
In response, the plaintiff submitted affidavits from two experts who both concluded that the course of conduct, combined with the weather conditions, made it substantially certain that the pipeline would fail, resulting in damages and injuries. Id.
The trial court granted the summary judgment, finding that the experts' affidavits were inadmissible. Id. at 666-67. The appellate court held that, to prevail on summary judgment, a party must show that there is no genuine issue of material fact as to whether the employer intended to cause the death of the employee. Id. at 667.
The appellate court then held that the record was replete with evidence, including the experts' affidavits, to show a genuine issue of fact. Id. at 667-68.