Opinion
2021 CA 0538 2021 CA 0539
04-27-2022
Derrick Daigrepont v. Exxon Mobil Corporation, ExxonMobil Oil Corporation, ExxonMobil Pipeline Company, Turner Industries Group, LLC, Turner Industrial Maintenance, LLC, & Flowserve, Inc. Rodney Wanner v. Exxon Mobil Corporation, ExxonMobil Global Services Company, ExxonMobil Chemical Company, ExxonMobil Research & Engineering Company, Brock Industrial Services LLC, Total Safety U.S., Inc., United Rentals (North America), Inc., Flowserve U.S. Inc., & Jonathan Zachary
19 Judicial District Court Case #: C657026 c/w C658372 East Baton Rouge Parish
Cir. 12/30/21)___So. 3d___, to the extent that the trial court's October 18, 2019 judgment granting summary judgment in favor of Flowserve U.S. Inc. dismissed, with prejudice, Rodney Warmer's non-LPLA claims, as well as his LPLA claims under LSA-R.S. 9:2800.55 (unreasonably dangerous in construction or composition) and LSA-R.S. 9:2800.58 (unreasonably dangerous because of non-conformity to an express warranty), against Flowserve U.S. Inc., the trial court's judgment is hereby affirmed. To the extent that the trial court's October 18, 2019 judgment dismissing all of Rodney Warmer's claims against Flowserve US, Inc. included his claims asserted under the LPLA, pursuant to LSA-R.S. 9:2800.56 (unreasonably dangerous in design) and LSA-R.S. 9:2800.57 (unreasonably dangerous because of inadequate warning), the October 18, 2019 judgment is hereby reversed, and this matter is remanded for further proceedings. Costs of this appeal are assessed against defendant/appellee, Flowserve U.S. Inc.
On Application for Rehearing filed on 01/12/2022 by Flowserve U.S. Inc.
On rehearing.
We grant Flowserve U.S. Inc.'s application for rehearing for the limited purpose of amending the conclusory paragraph and decree of our decision rendered December 30, 2021 in the above numbered and titled matter to read as follows:
CONCLUSION
For the reasons set forth in the companion case, Daigrepont v. Exxon Mobil Corporation, 2021-0534, 2021-0535 (La.App. 1
AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.
Vanessa Guidry Whipple, Chief Judge, Allison H. Penzato Judge, Chris Hester, Judge