Brown v. Landry

Summary

The Louisiana appellate court affirmed summary judgments and exceptions of no cause of action dismissing third-party claims arising from a school-bus and tractor-trailer collision. The court held that the alleged failure to equip the school bus with seat belts did not constitute a defective design or present a triable issue under the applicable statutes and jurisprudence.

Holdings

1. Under the statutes and jurisprudence applicable at the time, the seat-beltless school bus was reasonably and legally safe and was not negligently designed or built merely because it lacked seat belts for passengers.
2. The alleged failure to install seat belts presented no genuine issue of material fact or law and therefore did not preclude summary judgment.
3. The exceptions of no cause of action were properly maintained because the third party claims were based solely on the failure to design and install seat belts, which did not constitute an actionable defect under the circumstances presented.

Questions Presented

1. Whether a school bus that lacks seat belts for child passengers and adult supervisors is an actionably defective product or was negligently designed.
2. Whether the alleged failure to install seat belts presented a triable factual or legal issue that precluded summary judgment.
3. Whether the third party plaintiffs stated a cause of action for tort indemnity, contribution, product liability, negligence, or breach of implied warranty based solely on the absence of school-bus seat belts.

Disposition

affirmed