Maximo Urbina v. Sunbelt Rental, Inc.

Summary

This document is a partial dissent by Judge Ledet in consolidated Louisiana appellate proceedings involving claims under the Louisiana Products Liability Act and negligence claims arising from an allegedly defective rental buggy. The dissent agrees with denying supervisory review of the design-defect ruling and reversing summary judgment on construction/composition defect and negligence claims, but would affirm summary judgment dismissing the failure-to-warn claims.

Holdings

1. The dissent would affirm the trial court's grant of summary judgment dismissing the failure-to-warn claims because Urbina offered no factual support establishing that the handlebar grip was a damage-causing characteristic or that Toro's warnings and instructions were inadequate.

Questions Presented

1. Whether summary judgment should have been reversed on Maximino Urbina's Louisiana Products Liability Act failure-to-warn claims.
2. Whether the evidence that ordinary wear and moisture could possibly lessen the handlebar grip's hold, together with the absence of a specific warning, created a genuine issue of material fact.

Disposition

reversed_and_remanded