2021CA0534, 2021CA0535 Nonprecedential Affirmed in part, reversed in part, and remanded Processed

Derrick Daigrepont v. Exxon Mobil Corporation, Exxonmobil Oil Corporation, Exxonmobil Pipeline Company, Turner Industries Group, LLC, Turner Industrial Maintenance, LLC, and Flowserve US, Inc.

Louisiana Court of Appeal, First Circuit · Filed April 27, 2022

Also decided on this docket: La. Ct. App. 1st Cir., December 30, 2021

Opinion text

COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA

RE: Docket Numbers 2021 CA 0534

Derrick Daigrepont

Versus - -

Exxon Mobil Corporation, ExxonMobil 19' Judicial District Court
Oil Corporation, ExxonMobil Pipeline Case #: C657026 c/ w C658372
Company, Turner Industries Group, LLC, East Baton Rouge Parish
Turner Industrial Maintenance, LLC, &
Flowserve, Inc.

Consolidated with the following:

2021 CA 0535

Rodney Wanner

Versus - -

Exxon Mobil Corporation, ExxonMobil Global Services Company,
ExxonMobil Chemical Company, ExxonMobil Research & Engineering
Company, Brock Industrial Services LLC, Total Safety U.S., Inc.,
United Rentals ( North America), Inc., Flowserve US Inc., & Jonathan Zachary

On Application for Rehearing filed on 01/ 12/ 2022 by Flowserve US Inc.

On rehearing.

We grant Flowserve US Inc.' s application for rehearing for the limited
purpose of amending the conclusion and decree of our decision rendered December
30, 2021 in the above numbered and titled matter to read as follows:

CONCLUSION

For the above and foregoing reasons, to the extent that the trial court' s October

18, 2019 judgment granting summary judgment in favor of Flowserve US Inc.

dismissed, with prejudice, Derrick Daigrepont' s non-LPLA claims, as well as his

LPLA claims under LSA-R.S. 9: 2800. 55 ( unreasonably dangerous in construction

or composition) and LSA-R.S. 9: 2800. 58 ( unreasonably dangerous because of non-

conformity to an express warranty), against Flowserve US Inc., the trial court' s

judgment is hereby affirmed. To the extent that the trial court' s October 18, 2019

judgment dismissing all of Derrick Daigrepont' s claims against Flowserve US Inc.

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included his claims asserted under the LPLA, pursuant to LSA-R.S. 9: 2800. 56

unreasonably dangerous in design) and LSA-R.S. 9: 2800. 57 ( unreasonably

dangerous because of inadequate warning), the October 18, 2019 judgment is hereby

reversed, and this matter is remanded for further proceedings. Costs of this appeal

are assessed against defendant/ appellee, Flowserve US Inc.

AFFIRMED IN PART, REVERSED IN PART, AND REMANDED."

oo
Vanessa Guidry Whipp e, C of Judge

Allison H. Penzato, Judge

Chris Hester, Judge

Date
APR 2 7 2022

Rodd Naquin, Clerk

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