Opinion

Vallee v. Crown Equipment Corporation Of Ohio

Court
District Court, E.D. Louisiana
Filed
Jan 5, 2022
Cited by
0 cases
Authority
More cited than 22.3%

noting that the LPLA’s remedies are “exclusive”

How later courts described this case

  • noting that the LPLA’s remedies are “exclusive”

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF LOUISIANA

DAWSON VALLEE CIVIL ACTION

VERSUS NO. 20-1571

CROWN EQUIPMENT CORP. OF SECTION “R” (4)

OHIO, ET AL.

ORDER AND REASONS

Before the Court is defendant Crown Equipment Corporation’s

(“Crown”) motion for summary judgment on reasonably anticipated use.1

Plaintiff Dawson Vallee opposes the motion.2 Because material facts remain

in dispute, the Court denies Crown’s motion.

I. BACKGROUND

This case arises out of a forklift accident in Harahan, Louisiana.3 On

May 3, 2019, plaintiff Dawson Vallee was operating a forklift designed and

manufactured by defendant Crown. Plaintiff testified that the joystick on the

forklift stopped responding, and he lost control of the machinery.4 Plaintiff

1 R. Doc. 110.

2 R. Doc. 141.

3 R. Doc. 1-2 ¶ II.

4 R. Doc. 141-2 at 63 (Deposition of Dawson Vallee at 63:24-25).

also testified that his attempts to brake the forklift failed, and that the forklift

“jerked [him] around,”5 and his left leg “got kicked out to the outside” of the

machine.6 The forklift collided with a pole, and plaintiff’s left leg was crushed

between the pole and the forklift.7 As a result of the accident, plaintiff

underwent a below-the-knee amputation of his left leg.8

On May 1, 2020, plaintiff filed suit against Crown9 in Louisiana state

court, alleging negligence, and defective design and manufacture of the

forklift.10 On May 29, 2020, Crown removed the case to federal court,

contending that the diversity requirements of 28 U.S.C. § 1332 were

satisfied.11

On October 20, 2021, Crown moved for summary judgment on the

issue of reasonably anticipated use.12 Crown asserts that plaintiff

contravened the mandates of his job training and Crown’s express product

warnings by (i) failing to maintain control over the forklift, and (ii)

5 Id. at 64 (Deposition of Dawson Vallee at 64:7-8).

6 Id. at 73 (Deposition of Dawson Vallee at 73:13-14).

7 Id. at 64 (Deposition of Dawson Vallee at 64:9-11).

8 R. Doc. 141 at 1.

9 Plaintiff also sued individual employee-defendants George Bordelon

and Adam Giroir, but plaintiff’s claims against both Bordelon and

Giroir have been dismissed. R. Docs. 15 & 32. Only Crown remains as

a defendant.

10 R. Doc. 1-2 ¶ III.

11 R. Doc. 1 at 1.

12 R. Doc. 110.

“allow[ing] his left foot to leave the confines of the operator compartment.”13

Defendant contends that these acts by plaintiff were not “reasonably

anticipated use[s]” of the forklift, and that plaintiff is therefore unable to

meet his burden under the Louisiana Products Liability Act.14 Plaintiff

opposes the motion, contending that material issues of fact preclude

summary judgment on reasonably anticipated use.15

The Court considers the parties’ arguments below.

II. LEGAL STANDARD

Summary judgment is warranted when “the movant shows that there

is no genuine dispute as to any material fact and the movant is entitled to

judgment as a matter of law.” Fed. R. Civ. P. 56(a); see also Celotex Corp. v.

Catrett, 477 U.S. 317, 322-23 (1986); Little v. Liquid Air Corp., 37 F.3d 1069,

1075 (5th Cir. 1994) (en banc) (per curiam). “When assessing whether a

dispute to any material fact exists, [the Court] consider[s] all of the evidence

in the record but refrain[s] from making credibility determinations or

weighing the evidence.” Delta & Pine Land Co. v. Nationwide Agribusiness

Ins., 530 F.3d 395, 398-99 (5th Cir. 2008). All reasonable inferences are

13 R. Doc. 110-1 at 14-20.

14 Id. at 19-20.

15 R. Doc. 141.

drawn in favor of the nonmoving party, but “unsupported allegations or

affidavits setting forth ‘ultimate or conclusory facts and conclusions of law’

are insufficient to either support or defeat a motion for summary judgment.”

Galindo v. Precision Am. Corp., 754 F.2d 1212, 1216 (5th Cir. 1985) (quoting

10A Charles Alan Wright & Arthur R. Miller, Federal Practice and Procedure

§ 2738 (2d ed. 1983)); see also Little, 37 F.3d at 1075. “No genuine dispute

of fact exists if the record taken as a whole could not lead a rational trier of

fact to find for the nonmoving party.” EEOC v. Simbaki, Ltd., 767 F.3d 475,

481 (5th Cir. 2014).

If the dispositive issue is one on which the moving party will bear the

burden of proof at trial, the moving party “must come forward with evidence

which would ‘entitle it to a directed verdict if the evidence went

uncontroverted at trial.’” Int’l Shortstop, Inc. v. Rally’s, Inc., 939 F.2d 1257,

1264-65 (5th Cir. 1991) (quoting Golden Rule Ins. v. Lease, 755 F. Supp. 948,

951 (D. Colo. 1991)). “[T]he nonmoving party can defeat the motion” by

either countering with evidence sufficient to demonstrate the “existence of a

genuine dispute of material fact,” or by “showing that the moving party’s

evidence is so sheer that it may not persuade the reasonable fact-finder to

return a verdict in favor of the moving party.” Id. at 1265.

If the dispositive issue is one on which the nonmoving party will bear

the burden of proof at trial, the moving party may satisfy its burden by

pointing out that the evidence in the record is insufficient with respect to an

essential element of the nonmoving party’s claim. See Celotex, 477 U.S. at

325. The burden then shifts to the nonmoving party, who must, by

submitting or referring to evidence, set out specific facts showing that a

genuine issue exists. See id. at 324. The nonmovant may not rest upon the

pleadings, but must identify specific facts that establish a genuine issue for

resolution. See, e.g., id.; Little, 37 F.3d at 1075 (“Rule 56 ‘mandates the entry

of summary judgment, after adequate time for discovery and upon motion,

against a party who fails to make a showing sufficient to establish the

existence of an element essential to that party’s case, and on which that party

will bear the burden of proof at trial.’” (quoting Celotex, 477 U.S. at 322)).

III. DISCUSSION

The Louisiana Products Liability Act (“LPLA”) provides for “the

exclusive theories of liability for manufacturers for damage caused by their

products.” La. Rev. Stat. § 2800.52; see also Brown v. R.J. Reynolds

Tobacco Co., 52 F.3d 524, 526 (5th Cir. 1995) (noting that the LPLA’s

remedies are “exclusive”). The elements of a products-liability claim under

the LPLA are “(1) that the defendant is a manufacturer of the product; (2)

that the claimant’s damage was proximately caused by a characteristic of the

product; (3) that this characteristic made the product ‘unreasonably

dangerous;’ and (4) that the claimant’s damage arose from a reasonably

anticipated use of the product by the claimant or someone else.” Jack v.

Alberto-Culver USA, Inc., 949 So. 2d 1256, 1258 (La. 2007) (citing La. Rev.

Stat. § 9:280054(A)). As the Fifth Circuit has explained, “[i]f a plaintiff’s

damages [do] not arise from a reasonably anticipated use of the product,

then the ‘unreasonably dangerous’ question need not be reached.” Kampen

v. Am. Isuzu Motors, Inc., 157 F.3d 306, 309 (5th Cir. 1998). “[I]f a

manufacturer does not reasonably anticipate a plaintiff’s use[,] then he owes

no duty to that consumer, and is not responsible for any damages caused by

misuse.” Broussard v. Procter & Gamble Co., 463 F. Supp. 2d. 596, 605

(W.D. La. 2006) (citing Kampen, 157 F.3d at 316).

Here, Crown contends that plaintiff’s injuries did not arise out of a

reasonably anticipated use of the product. The LPLA defines “reasonably

anticipated use” as “a use or handling of a product that the product’s

manufacturer should reasonably expect of an ordinary person in the same or

similar circumstances.” La. Rev. Stat. § 9.2800.53(7). The relevant inquiry

is “what uses of its product the manufacturer [objectively] should have

reasonably expected at the time of manufacture.” Kampen, 157 F.3d at 309.

Whether plaintiff’s damages arose from a reasonably anticipated use is a

question of fact. Thibodeaux v. Wellmate, 190 F. Supp. 3d 566, 571 (E.D. La.

2016) (Morgan, J).

Defendant submits two arguments in support of its contention that

plaintiff’s injuries did not arise out of a reasonably anticipated use of the

forklift. The Court addresses them each in turn.

First, defendant argues that plaintiff’s failure to maintain full control

over the forklift was not a reasonably anticipated use.16 Specifically,

defendant asserts that plaintiff did not drive his forklift cautiously and at a

speed allowing him to stop the lift truck safely, and that he “failed to stay

alert so that he would not run into any objects.”17 Defendant further argues

that there is no evidence indicating that anything “impaired [plaintiff]’s

ability to control the acceleration, braking, or steering of the lift truck.”18

Defendant asserts that, therefore, plaintiff contravened his training and the

forklift’s product warnings that instruct operators to “drive cautiously,” “be

16 R. Doc. 110-1 at 16-17.

17 Id. at 17.

18 Id.

alert,” “[d]rive at a speed that allows you to stop safely,” and to “[k]eep your

truck under control at all times.”19

But significant issues of material fact remain as to whether plaintiff was

operating the forklift in violation of any safety warnings, or otherwise using

the forklift in an unsafe way. While a post-accident inspection by plaintiff’s

employer revealed no mechanical issues with the forklift,20 plaintiff testified

at his deposition that his accident occurred because the forklift “los[t]

mechanical function”21 when the joystick stopped responding.22 And George

Bordelon, a Crown technician, testified that a Crown forklift’s joystick can

stop working for many reasons. Bordelon explained at his deposition that “it

could have been anything as minor as a piece of dirt or broken wire got inside

the system and made the joy stick not want to do anything.”23 Furthermore,

plaintiff testified that he did not believe that he was driving too fast,24 and

that he traveled only four or five feet before the machine’s failure prompted

him to attempt to stop the machine.25 Based on this record, reasonable

jurors could find that, at the time of plaintiff’s accident, he was engaged in a

19 See id. at 6-7.

20 R. Doc. 110-5 at 3-5 (Deposition of Donald Raziano at 21:12-23:8).

21 R. Doc. 141-2 at 63 (Deposition of Dawson Vallee at 63:24-25).

22 Id. (Deposition of Dawson Vallee at 63:1).

23 R. Doc. 141-3 at 15 (Deposition of George Bordelon at 15:20-23).

24 R. Doc. 141-2 at 81 (Deposition of Dawson Vallee at 81:16-18).

25 Id. at 67 (Deposition of Dawson Vallee at 67:6-8).

reasonably anticipated use of the forklift. Accordingly, defendant is not

entitled to summary judgment on reasonably anticipated use as to plaintiff’s

loss of control of the forklift.

Second, defendant contends that plaintiff’s placement of his foot

outside the operator compartment does not constitute a reasonably

anticipated use of the forklift. Defendant contends that, because plaintiff’s

foot was crushed outside of the forklift, he must have “allow[ed]” his foot to

exit the machine, in violation of the product’s safety warnings.26 This

argument lacks merit. Plaintiff has submitted evidence indicating that his

left leg was involuntarily thrown from the operator compartment during the

accident. Specifically, plaintiff testified at his deposition that, during the

accident, the forklift “jerked” him around,27 and that his “leg got kicked out

to the outside” of the machine.28 Plaintiff also submits scientific evidence

indicating that human balance reflexes compelled him to move his foot

leftward when he attempted to brake by lifting his foot off the pedal.29 The

evidence therefore suggests that plaintiff’s foot movement was not a use of

the product at all, and was instead a part of the resulting accident. Put

26 R. Doc. 110-1 at 17-19.

27 R. Doc. 141-2 at 64 (Deposition of Dawson Vallee at 64:7-8).

28 Id. at 73 (Deposition of Dawson Vallee at 73:13-14).

29 See R. Doc. 112-10 at 5 (Report of Dr. John J. Jeka).

differently, when plaintiff’s emergency began, causing his foot to

involuntarily exit the compartment, his “use” of the forklift had ended.

This situation is different from the Fifth Circuit’s decision in Kampen

v. American Isuzu Motors, Inc., 157 F.3d 306 (5th Cir. 1998). There, the

plaintiff jacked up a car with the tire jack at issue, and then chose to place his

body beneath the car, relying on the jack to hold the car above his body as he

worked. The jack collapsed, and the car fell on him. In determining the

scope of plaintiff’s “use” of the jack, the Fifth Circuit held that when plaintiff

“placed himself beneath the car, he was still using the jack” because “he was

relying on the jack to hold the car above his body.” Id. at 311 (emphasis in

original)). Affirming the district court’s grant of summary judgment to the

jack manufacturer, the court held that plaintiff’s use, in violation of product

warnings, was not reasonably anticipated and thus precluded his recovery.

Id. at 318. In contrast, here, the evidence indicates that the accident was

already in progress when plaintiff contends that his foot was involuntarily

thrust outside the machine. Unlike in Kampen, the record here suggests that

the placement of plaintiff’s foot was not a voluntary “use” of the product, and

was instead part of the accident.

Indeed, defendant itself argues that “[p]laintiff’s action of sticking his

foot outside of the operator compartment should not be considered a ‘use’ of

the product under the LPLA.”30 As defendant explains, unlike the injured

user-plaintiff in Kampen, plaintiff here was not “relying” on the forklift when

he placed his foot outside the compartment.31 But, far from supporting

defendant’s claim that plaintiff was therefore not engaged in a reasonably

anticipated use of the product, this contention in fact undermines

defendant’s motion for summary judgment. If plaintiff’s foot placement was

not part of his “use” of the forklift, then it cannot constitute an

“[un]anticipated use” of that forklift. By defendant’s own admission, then,

plaintiff may be able to meet his burden on reasonably anticipated use.

In sum, as to the issue of his foot placement, plaintiff here is not like

other injured litigants whose intentional misuses of products precluded

recovery. He is not like the child who “climbed onto the moving pendulum

of an oil well pump and attempted to ‘ride’ the pendulum,” Payne v.

Gardner, 56 So. 3d 229, 230 (La. 2011), nor the teenagers who

“intentional[ly] inhal[ed] . . . the contents of a can of air brush propellant to

produce an intoxicating effect while operating a motor vehicle,” Butz v.

Lynch, 762 So. 2d 1214 (La. App. 1 Cir. 2000), or even the man in Kampen

who placed his head and shoulders beneath the front of the jacked-up car, in

30 R. Doc. 110-1 at 15.

31 Id. at 16.

violation of manufacturer warnings, Kampen, 157 F.3d at 311. Unlike those

litigants, plaintiff here has submitted ample evidence indicating that his

asserted “use” was an involuntary response to an emergency. Reasonable

jurors could therefore conclude that the placement of plaintiffs foot

constitutes part of the accident itself, and was not a “use” at all.

Because certain facts could establish that plaintiff's accident arose out

of a “reasonably anticipated use” of the forklift, defendant Crown is not

entitled to summary judgment on this issue.

IV. CONCLUSION

For the foregoing reasons, the Court DENIES Crown’s motion for

summary judgment on reasonably anticipated use.

New Orleans, Louisiana, this 5th _ day of January, 2022.

bern Varvee_

SARAH S. VANCE

UNITED STATES DISTRICT JUDGE

12

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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