Supreme Court of Louisiana
Hutchinson v. Knights of Columbus, No. 5747
February 20, 2004866 So. 2d 228
Summary
The court affirmed the reversal of summary judgment because the record contained genuine disputes about whether the electrical cables lay in a pedestrian pathway, whether barricades restricted access, and whether precautions were required. The plaintiff's affidavit was properly considered because it was part of the appellate record and did not contradict her deposition testimony. The court held that credibility determinations could not be made on summary judgment, leaving the premises-liability issues for a factfinder.