Cox v. Baker Distrib. Co.

• Decision Date: 27 September 2017
• Docket Number: No. 51,587–CA,51,587–CA
• Citation: 244 So.3d 681
• Parties: David COX, Plaintiff–Appellant v. BAKER DISTRIBUTING COMPANY, L.L.C., Defendant–Appellee
• Court: Court of Appeal of Louisiana — District of US

244 So.3d 681

David COX, Plaintiff–Appellant
v.
BAKER DISTRIBUTING COMPANY, L.L.C., Defendant–Appellee

No. 51,587–CA

Court of Appeal of Louisiana, Second Circuit.

Judgment rendered September 27, 2017

SONIA PETERS CASSIDY, CHARLES L. MCCOLLUM, Counsel for Appellant, David Cox

KEOGH, COX & WILSON, LTD., By: Tori S. Bowling, Sydnee D. Menou, Counsel for Intervenors–Appellants, Southwestern Motor Transport Co. Inc. and Ace American Ins. Co.

PLAUCHE, SMITH & NIESET, L.L.C., By: Michael J. Williamson, Counsel for Appellee, Baker Distributing Co., L.L.C.

Before BROWN, WILLIAMS, and BLEICH (Pro Tempore ), JJ.

BLEICH, J. (Pro Tempore )

244 So.3d 682

David Cox appeals a judgment of the First Judicial District Court, Parish of Caddo, State of Louisiana, granting a motion for summary judgment in favor of Baker Distributing Company, LLC. Cox's employer, Southwestern Motor Transport, Inc., has also appealed the judgment. For the following reasons, we reverse the trial court's judgment, and remand for further proceedings.

FACTS

On June 20, 2012, David Cox was making a delivery for his employer, Southwestern Motor Transport, Inc. ("Southwestern"), at the Shreveport warehouse facility owned by Baker Distributing Company, LLC ("Baker"), which is a wholesale distribution company selling heating and air conditioning equipment to contractors. On that day, Cox was delivering 51 shrink-wrapped pieces of material, which items were situated on four pallets. According to Cox, the Baker warehouse loading dock where he was unloading his delivery did not have an operable dock plate—a piece of equipment commonly used to bridge the gap between the bumper of a truck or trailer and the loading dock. Cox also maintains that the loading dock was congested with so many other objects that the forklift could not be used to unload his deliveries. Cox claims a Baker employee, Kenneth Chandler, asked if Cox could handle his own load, which he did. After unloading two pallets with a pallet jack, Cox commenced to unload the last two pallets with a dolly. When he pulled the last pallet from his truck using the dolly, his foot became wedged in the gap between his truck and loading dock. He stumbled, fell from the loading dock, and landed on his back.

Cox alleges he received permanent and disabling injuries as a result, and he received workers' compensation benefits from Southwestern and its workers' compensation insurer, Ace American Insurance Company ("Ace"). He filed suit against Baker, claiming that the defect in Baker's loading dock (i.e. , the failure to have a permanent operable dock plate) was unreasonably dangerous, and the defect was not open and obvious to all making deliveries to Baker. Additionally, he claimed Baker had a duty to provide safe ingress for deliveries, and it failed to provide an uncluttered loading dock and dock plate. Southwestern and Ace intervened in the lawsuit related to payments made to Cox. Ultimately, Baker filed a motion for summary judgment, arguing that Cox knew of the defect, making it open and obvious, and as a result, Baker was relieved of any duty to Cox. The trial court granted Baker's motion for summary judgment, and this appeal by Cox ensued. Southwestern's appeal of the same judgment followed.

SUMMARY JUDGMENT STANDARD

A motion for summary judgment is a procedural device used when there is no genuine issue of material fact for all or part of the relief prayed for by a litigant. Samaha v. Rau , 2007-1726 (La. 02/26/08), 977 So.2d 880. A summary judgment is reviewed on appeal de novo , with the appellate court using the same criteria that govern the trial court's determination of whether summary judgment is appropriate, i.e. , whether there is any genuine issue of material fact, and whether the movant is entitled to judgment as a matter of law. Samaha v. Rau, supra ; Black v. Johnson , 48,779 (La. App. 2 Cir. 04/09/14), 137 So.3d 170, writ denied , 2014-0993 (La. 09/12/14), 148 So.3d 574.

Summary judgment shall be rendered if the pleadings, depositions, answers to

244 So.3d 683

interrogatories, admissions and affidavits show that there is no genuine issue of material fact and that the mover is entitled to judgment as a matter of law. La. C.C.P. art. 966. The mover has the burden of establishing the absence of a genuine issue of material fact. If the mover will not bear the burden of proof at trial on the matter, the mover is required to point out to the court the absence of factual support for one or more elements essential to the adverse party's claim or action. La. C.C.P. art. 966 ; Winzer v. Richards , 50,330 (La. App. 2 Cir. 01/13/16), 185 So.3d 876, 879–80.

Despite the legislative mandate that summary judgments are now favored, factual inferences reasonably drawn from the evidence must be construed in favor of the party opposing the motion, and all doubt must be resolved in the opponent's favor. Willis v. Medders , 2000-2507 (La. 12/08/00), 775 So.2d 1049, 1050.

DISCUSSION

Cox's two assignments of error are closely related.¹ First, he argues that the trial court erred in granting Baker's motion for summary judgment, because there are several material facts in dispute relating to the key question of whether the defect presented an unreasonable risk of harm. Second, Cox argues that the trial court was in error, because whether or not material facts were at issue, the trial court omitted any analysis applicable to this case by merely...