Opinion
NO. 2014 CW 1450
01-12-2015
TRUMAN STANLEY, III v. AIRGAS-SOUTHWEST, INC., PRAXAIR, INC., GULF COAST HYDROSTATIC TESTERS, LLC, ENGINEERED CONTROLS INTERNATIONAL, LLC, AND T.H. COCHRANE LABORATORIES, LTD
In Re: Airgas USA, LLC, Successor to Airgas-Southwest, Inc., applying for supervisory writs, 23rd Judicial District Court, Parish of Ascension, No. 104043.
BEFORE: GUIDRY, THERIOT AND DRAKE, JJ.
WRIT DENIED.
MRT
EGD
Guidry, J., dissents and would grant the writ. I find that although the allegations of fact raised in this matter may be sufficient to show negligence, the facts are insufficient to show an intentional tort, as Respondent, Truman Stanley, III, was unable to show that he will be able to prove that Relator, Airgas USA, LLC either desired to bring about harm to Mr. Stanley, or believed that harm to Mr. Stanley was substantially certain to follow its act of putting the defective tank back out for reuse. Bazley v. Tortorich, 397 So.2d 475, 482 (La. 1981). Accordingly, I would grant the writ, reverse the portion of the September 3, 2014 judgment denying the motion for summary judgment of the intentional tort, and dismiss this claim. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT