Officer Jared Neyland v. National Trust Insurance Company, Stephen Corts, and Architectural Glass & Metal, Inc.

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT
OFFICER JARED NEYLAND NO. 2020 CW 0769

VERSUS

NATIONAL TRUST INSURANCE OCTOBER 26, 2020
COMPANY, STEPHEN CORTS, AND
ARCHITECTURAL GLASS & METAL,
INC.

Tn Re: Seal Tractor Company, Inc., applying for supervisory
writs, 19th Judicial District Court, Parish of East
Baton Rouge, No. 677794.

BEFORE: HIGGINBOTHAM, THERIOT, AND WOLFE, JJ.

WRIT GRANTED. The violation of a statute or regulation

does not, in and of itself, impose civil liability. Faucheaux
v. Terrehonne Consolidated Government, 615 Sc. 2d 289, 292 ( La.
1993). Rather, civil responsibility is imposed only if the
violation of the statute or regulation is a legal cause of

damage to another, which requires, among other things, a showing
that the defendant' s conduct is a cause - in -fact of the accident
and resultant injuries. Id. at 292- 93. Regardless of whether

any statute or ordinance required Seal Tractor Company, Inc.
Seal") to obtain a permit and/ or have additional insignia on

its vehicles to show that they formed part of a convoy that
included oversized equipment, a reasonable juror, based on the
undisputed facts, could not conclude that Seal' s actions. were a

cause - in -fact of the accident. See Miller v. Shelter Ins. Co'.,
2018- 216 ( La. App. 3rd Cir. 1/ 30/ 19), 266 So. 3d 347, 353 quoting
Daigrepont v. AAA Transp. Co., 98- 1329 ( La. App. 3rd Cir.
3/ 3/ 99), 736 So - 2d 923, 927 ( The cause - in -fact inquiry " may be
disposed of by summary judgment when no reasonable minds could

differ regarding the uncontested facts" and a
party' s action

could not reasonably be the cause - in -fact of the harm.")
Specifically, the undisputed facts show that Stephen Corts saw

two oversized tractors being operated by Craig Neal and Sons,
LLC (" CNS") in the roadway before he proceeded to attempt his
left turn in front of them. Following the two CNS tractors and

truck in the convoy were Seal' s two tractors and a pickup truck.
Mr. Corts acknowledged that he could not see of Seal' s
any
vehicles prior to attempting to make his turn. Considering the

foregoing, the mere fact that the Seal vehicles did not have
additional markings to signify that
they included oversized

equipment and/ or formed part of a convoy is not a cause - in -fact
of the underlying accident.
Accordingly, we hereby grant the
writ application and reverse the trial court' s August 4, 2020
judgment denying the motion for summary judgment filed by Seal.
We render summary judgment in favor Seal Tractor
of
Company,
Inc. and dismiss all parties' claims against Seal Tractor

Company, Inc. with prejudice.

TMH
MRT
EW

COURT OF APPEAL, FIRST CIRCUIT

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.DEPUTY CL RK OF COURT
FOR THE COURT