Maximo Urbina v. Sunbelt Rental, Inc.

Summary

This document is a partial dissent and concurrence by Judge Chase of the Louisiana Fourth Circuit Court of Appeal in consolidated litigation involving Maximo Urbina and Maximino Urbina against Sunbelt entities and others. Judge Chase agrees with portions of the decision concerning The Toro Company's summary judgment motions but dissents from reversing summary judgment on the failure-to-warn claims.

Questions Presented

1. Whether Toro's supervisory writ application challenging the denial of summary judgment on the Louisiana Products Liability Act claims should be denied.
2. Whether the trial court's grant of summary judgment to Toro on construction or composition defect claims and claims based on alleged negligence by Sunbelt should be reversed.
3. Whether summary judgment on Urbina's failure-to-warn claims against Toro should be reversed.

Disposition

reversed_and_remanded