Luong v. Tran

The plaintiff failed to show that the defendant had knowledge of alleged third party criminal activity occurring on its property.

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Following the death of Kiet Van Le “Le”, Mai Luong filed a wrongful death suit against T & S Natural Resources, LLP “T & S”, the company that owned the property where Le had been shot.1 T & S moved for summary judgment, asserting inter alia that it did not have the superior knowledge needed to impose liability. The trial court granted the motion, and this appeal ensued. Finding no error, we affirm. 1. As a threshold matter, we must discuss Luong’s failure to adhere to this Court’s rules. In particular, Luong violated the rule requiring that factual assertions be supported with citation of the record.2 Although this violation was pointed out by T & S in its appellee brief, Luong did not rectify the error in her response brief. “Our requirements as to the form of appellate briefs were created, not to provide an obstacle, but to aid parties in presenting their arguments in a manner most likely to be fully and efficiently comprehended by this Court.”3 With respect to our requirement that briefs contain appropriate citation to the record, we note that it is not our job to cull the record on behalf of a party.4 Given the shortcomings of Luang’s brief, we are authorized to dismiss this appeal.5 But the appellee has provided sufficient citation to the record for us to address generally Luong’s enumerations of error. We will not, however, review the record to search for additional facts that might have supported Luong’s claims on appeal.

2. A trial court properly grants summary judgment when there are no genuine issues of material fact essential to a claim and the movant is entitled to judgment as a matter of law.6 “We apply a de novo standard of review to an appeal from a grant of summary judgment, and we view the evidence, and all reasonable conclusions and inferences drawn from it, in a light most favorable to the nonmovant.”7

Luong v. Tran

The plaintiff failed to show that the defendant had knowledge of alleged third party criminal activity occurring on its property.

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