840 So.2d 20 (La.App. 4 Cir. 2003), 2002-CA-1571, Reaux v. Deep South Equipment Co.

Docket Nº2002-CA-1571.
Citation840 So.2d 20, 2002-1571 La.App. 4 Cir. 2/5/03
Party NameDerrick REAUX v. DEEP SOUTH EQUIPMENT COMPANY and Hyster Company.
Case DateFebruary 05, 2003
CourtCourt of Appeal of Louisiana (US)

Page 20

840 So.2d 20 (La.App. 4 Cir. 2003)

2002-1571 La.App. 4 Cir. 2/5/03

Derrick REAUX

v.

DEEP SOUTH EQUIPMENT COMPANY and Hyster Company.

No. 2002-CA-1571.

Court of Appeals of Louisiana, Fourth Circuit

Feb. 5, 2003.

Opinion Denying Rehearing March 31, 2003.

Writ Denied June 20, 2003.

Page 21

William R. Mustian, III, Stanga & Mustian, P.L.C., Metairie, LA, for Plaintiff/Appellant.

Scott P. Yount, Pamela J. Lormand, Preston & Cowan, L.L.P., New Orleans, LA, for Defendant/Appellee.

(Court composed of Judge JOAN BERNARD ARMSTRONG, Judge TERRI F. LOVE, and Judge LEON A. CANNIZZARO, JR.).

[2002-1571 La.App. 4 Cir. 1] LEON A. CANNIZZARO, JR., Judge.

This case involves an appeal by the plaintiff from the trial court's judgment granting a motion for summary judgment. For the reasons that follow, the judgment is affirmed.

FACTS AND PROCEDURAL HISTORY

The plaintiff, Derrick Reaux, filed suit against Deep South Equipment Company ("Deep South") and Hyster Company ("Hyster") in connection with an accident that occurred in the course and scope of his employment. Mr. Reaux was employed by Dupuy Storage and Forwarding Company ("Dupuy") when a lift truck 1 driven by a co-worker backed up and hit Mr. Reaux, injuring his left foot and ankle. The lift truck was manufactured by Hyster, and it was leased to Dupuy by Deep South. The lift truck was not equipped with an audible reverse signal alarm, commonly called a backup alarm.

On September 3, 1999, Mr. Reaux filed suit against Deep South and Hyster on the grounds of negligence and strict liability. On January 11, 2002, Deep South filed a Motion for Summary Judgment, which was heard on May 17, 2002. A Partial Final Judgment granting Deep South's Motion for Summary Judgment and [2002-1571 La.App. 4 Cir. 2] dismissing all of Mr. Reaux's claims against Deep South with prejudice was signed that same date. 2 On July 1, 2002, Mr. Reaux filed this appeal.

STANDARD OF REVIEW

In Pierre-Ancar v. Browne-McHardy Clinic, 2000-2409 (La.App. 4th Cir.1/16/02), 807 So.2d 344, writ denied, 2002-0509 (La.4/26/02), 814 So.2d 558, this Court discussed as follows the criteria to be used by an appellate court in reviewing a summary judgment:

Appellate courts review summary judgments de novo, using the same criteria applied by trial courts to determine whether summary judgment is appropriate. Independent Fire Ins. Co. v. Sunbeam Corp., 99-2181, 99-2257 (La.2/29/00), 755 So.2d 226, 230. Summary judgment is properly granted only if the pleadings, depositions, answers to interrogatories, and admissions on file, together with any affidavits, show that there is no genuine issue of material fact, and that the movant is entitled to judgment as a matter of law. La. C.C.P. art. 966. Id. at 4-5 and at 347.

See also Randall v. Chalmette Medical Center, Inc., 2001-0871 (La.App. 4th Cir.5/22/02), 819 So.2d 1129.

DISCUSSION

In Ross v. Schwegmann Giant Super Markets,

Page 22

1998-1036 (La.App. 1st Cir.5/14/99), 734 So.2d 910, the Court stated:

Because it is the applicable substantive law that determines materiality, whether a particular fact in dispute is material can be seen only in light of the substantive law applicable to the case. Id. at 3 and at 912.

Mr. Reaux is alleging that Deep South is liable to him on the grounds of negligence and strict liability. Therefore, we must first consider whether the legal requirements for a finding of liability due to negligence or strict liability are present in the instant case.

[2002-1571 La.App. 4 Cir. 3] Liabilty for Negligence

In Posecai v. Wal-Mart Stores, Inc., 1999-1222 (La.11/30/99), 752 So.2d 762, the Louisiana Supreme Court articulated the analysis, which is a duty risk analysis, to...

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10 practice notes
  • Bruno v. BRD US, Inc., 031721 LACA3, 20-233
    • United States
    • Louisiana Court of Appeal of Louisiana (US)
    • 17 d3 Março d3 2021
    ...the seller must have failed to declare the defect. Id. (citing Reaux v. Deep S. Equip. Co., 02-1571 (La.App. 4 Cir. 2/5/03), 840 So.2d 20). All of the elements must be proven to succeed in such a claim and, therefore, a lack of factual support for just one element r......
  • Lowery v. TJX Companies, Inc., 090517 LAEDC, C. A. 16-14182
    • United States
    • Federal Cases United States District Courts 5th Circuit United States District Court (Eastern District of Louisiana)
    • 5 d2 Setembro d2 2017
    ...pp. 3-4 (La. 9/27/13); 123 So.3d 712, 714 (citing Reaux v. Deep S. Equip. Co., 02-1571, pp. 5-6 (La.App. 4 Cir. 2/5/03); 840 So.2d 20, 23-24, writ denied, 03-1165 (La. 6/20/03); 847 So.2d 1237); see also Ayala v. Enerco Grp., Inc., 569 F. App'x 241, 245 (5th Cir. 20......
  • 894 So.2d 354 (La.App. 4 Cir. 2005), 2004-CA-0378, Reaux v. Deep South Equipment Co.
    • United States
    • Louisiana Court of Appeal of Louisiana (US)
    • 5 d3 Janeiro d3 2005
    ...However, this very issue has already been addressed by this Court in Reaux v. Deep South Equipment Co., 2002-1571 (La.App. 4 Cir. 2/5/03), 840 So.2d 20. In that case, the Court stated: There is no evidence that the lift truck was defective in any way. Mr. Reaux alleges that the lack of a ba......
  • In re Welding Rod Products Liability Litigation, 011305 OHNDC, 1:03-CV-17000
    • United States
    • Federal Cases United States District Courts 6th Circuit United States District Court of Northern District of Ohio
    • 13 d4 Janeiro d4 2005
    ...["knew or should have known that the product was defective, and failed to declare it." Reaux v. Deep South Equip. Co. , 840 So.2d 20, 23 (La. Ct. App. 2003), writ denied, 847 So.2d 1237 (La. 2003).] In sum, the defendants have not shown that every non-diverse distributor defendant......
  • Request a trial to view additional results
10 cases
  • Bruno v. BRD US, Inc., 031721 LACA3, 20-233
    • United States
    • Louisiana Court of Appeal of Louisiana (US)
    • 17 d3 Março d3 2021
    ...the seller must have failed to declare the defect. Id. (citing Reaux v. Deep S. Equip. Co., 02-1571 (La.App. 4 Cir. 2/5/03), 840 So.2d 20). All of the elements must be proven to succeed in such a claim and, therefore, a lack of factual support for just one element r......
  • Lowery v. TJX Companies, Inc., 090517 LAEDC, C. A. 16-14182
    • United States
    • Federal Cases United States District Courts 5th Circuit United States District Court (Eastern District of Louisiana)
    • 5 d2 Setembro d2 2017
    ...pp. 3-4 (La. 9/27/13); 123 So.3d 712, 714 (citing Reaux v. Deep S. Equip. Co., 02-1571, pp. 5-6 (La.App. 4 Cir. 2/5/03); 840 So.2d 20, 23-24, writ denied, 03-1165 (La. 6/20/03); 847 So.2d 1237); see also Ayala v. Enerco Grp., Inc., 569 F. App'x 241, 245 (5th Cir. 20......
  • 894 So.2d 354 (La.App. 4 Cir. 2005), 2004-CA-0378, Reaux v. Deep South Equipment Co.
    • United States
    • Louisiana Court of Appeal of Louisiana (US)
    • 5 d3 Janeiro d3 2005
    ...However, this very issue has already been addressed by this Court in Reaux v. Deep South Equipment Co., 2002-1571 (La.App. 4 Cir. 2/5/03), 840 So.2d 20. In that case, the Court stated: There is no evidence that the lift truck was defective in any way. Mr. Reaux alleges that the lack of a ba......
  • In re Welding Rod Products Liability Litigation, 011305 OHNDC, 1:03-CV-17000
    • United States
    • Federal Cases United States District Courts 6th Circuit United States District Court of Northern District of Ohio
    • 13 d4 Janeiro d4 2005
    ...["knew or should have known that the product was defective, and failed to declare it." Reaux v. Deep South Equip. Co. , 840 So.2d 20, 23 (La. Ct. App. 2003), writ denied, 847 So.2d 1237 (La. 2003).] In sum, the defendants have not shown that every non-diverse distributor defendant......
  • Request a trial to view additional results