Appealed from the Fourth Judicial District Court for the
Parish of Morehouse, Louisiana Trial Court No. 2015-484
Honorable Alvin Rue Sharp, Judge
FREDERICK KELLY, III By: George F. Kelly, III Counsel for
Appellants, Carl Davis and April Davis
M. BREAUX JEANSONNE & REMONDET By: Ted P. Sorrells Scott
F. Higgins, Esq. Counsel for Appellees, Heniff
Transportation, LLC and Arch Insurance Co.
MUSGRAVE, MCLACHLAN & PENN, LLC By: Richard T. Musgrave
Amanda H. Aucoin Counsel for Appellees, Bastrop Tank Wash
MCCRANIE, SISTRUNK, ET AL. By: Peter J. Wanek Counsel for
Appellees, GEO Specialty Chemicals
THOMPSON HINE, LLP By: William J. Hubbard MATTHIESEN, WICKERT
& LEHRER By: James T. Busenlener Carolan D. Luning
Counsel for Intervenor, Zurich American Insurance Co.
BROWN, COX, and MCCALLUM, JJ.
Carl and April Davis ("Carl" and "April,
" respectively), appeal a judgment from the Fourth
Judicial District Court, Parish of Morehouse, State of
Louisiana, wherein the trial court granted a motion for
summary judgment on behalf of Appellee, Bastrop Tank Wash
("Bastrop"), and denied Appellants' motion for
new trial. Carl contends that the trial court erred in
finding there was no genuine issue of material fact, in
ruling that Heniff Transportation, LLC ("Heniff")
may continue to argue the fault of Bastrop at the jury trial,
despite dismissing Bastrop from the suit, and in denying his
motion for new trial. For the following reasons, we
respectfully reverse the trial court's granting of
Bastrop's motion for summary judgment.
was a self-employed independent contractor for Heniff, who
worked as a licensed professional truck driver carrying
dangerous chemicals. On or about December 29, 2014, Carl was
attempting to deliver a tank trailer of hydrochloric acid to
GEO Specialty Chemicals ("GEO"). At that time, GEO
personnel noticed a defect in the hose and/or hose fittings
on the tank trailer, which was owned by Heniff. As a result
of the defect, Heniff instructed Carl to have the hose and
fittings repaired by Bastrop. Bastrop personnel allegedly
repaired the hose and fittings.
evening, Carl and GEO personnel, wearing mandated safety
equipment, began to transfer hydrochloric acid from the tank
trailer to the GEO terminal. During the process, the hose
fittings ruptured, causing hydrochloric acid to escape from
the fittings, knocking off Carl's eye protection and
injuring his eyes, face, and body.
December 17, 2015, Carl filed a petition for damages against
Heniff, Bastrop, GEO, Sparta Insurance Company,
Insurance Company, and DEF Insurance Company. His wife, April,
joined the petition, claiming loss of consortium.
March 7, 2017, Bastrop filed a motion for summary judgment.
Bastrop asserted that there was no issue or failure with the
portion of the hose they repaired, as the portion they
repaired connected the hose to the storage tank, and the
portion of the hose that ...