from the United States District Court for the Southern
District of Mississippi
KING, ELROD, and HAYNES, Circuit Judges.
Lee Funches lost his left arm when his vehicle collided with
a piece of farm equipment being towed by a pickup truck as
the two passed one another on a Mississippi road. The only
live dispute left in this case is Funches's suit against
Progressive Tractor and Implement Company, L.L.C., the
company that leased the equipment to the driver of the pickup
truck. In the suit, Funches alleged, inter alia,
that the company was negligent in failing to warn the pickup
truck's driver of the dangers associated with towing the
equipment with a pickup truck instead of a tractor. The
district court granted summary judgment in favor of the
company on the failure-to-warn claim (as well as
Funches's other claims), finding that Funches failed to
create a genuine factual dispute regarding the essential
element of proximate cause. Funches appeals the district
court's order. We AFFIRM.
afternoon of March 30, 2015, Harvey Lee Funches was traveling
in his truck down a two-lane road in Warren County,
Mississippi. Approaching in the opposite lane was Chase
Noland, a farmer, driving a pickup truck with a farm
in tow. When the two passed one another, the farm disc
collided with Funches's truck. Funches, who was traveling
with his left arm either on or outside his driver-side
window, had his left arm severed by the disc's blades.
days prior to the accident, Noland rented the disc from
Progressive Tractor and Implement Company, L.L.C.
("PTI"), a Louisiana equipment dealer and the
appellee in this case. At the time of the accident, Noland
was en route from his farm in Start, Louisiana, to another
one of his farms in Utica, Mississippi.
disc Noland rented had a warning decal on the tongue near its
hitch. The decal contains an illustration juxtaposing a
pickup truck towing the disc and an agricultural tractor
towing the disc. A large red X is over the truck. The decal
• Properly prepare machines for transport / roading.
• Transport with Ag Tractor only - MAX. road
speed 20 mph [32 kph].
• Total weight of towed unit, not to exceed 1.5
times weight of tractor.
• Use caution when on turns, inclines, or hazardous road
conditions to ...