Charles E. Bates and Stacy Bates v. Progressive Tractor and Implement Co., LLC, Ken Bordelon, EMC Insurance Company, Macdon, Inc. and CNH Industrial America, LLC
Charles E. Bates and Stacy Bates v. Progressive Tractor and Implement Co., LLC, Ken Bordelon, EMC Insurance Company, Macdon, Inc. and CNH Industrial America, LLC, No. 2024CW0956 (La. Ct. App. 1st Cir. Feb. 25, 2025).
Authorities cited
Identified automatically; this list may not be exhaustive.
- 340 So. 3d 71 not in our corpus
- 878 La. 1981 not in our corpus
- Herlitz Const. Co., Inc. v. Hotel Investors of New Iberia, Inc. 396 So. 2d 878
Opinion text
0
CHARLES E. BATES AND STACY NO. 2024 CW 0956
BATES
VERSUS PAGE 1 OF 2
PROGRESSIVE TRACTOR AND
IMPLEMENT CO., LLC, KEN
BORDELON, EMC INSURANCE FEBRUARY 25, 2025
COMPANY, MACDON, INC. AND
CNH INDUSTRIAL AMERICA, LLC
In Re: Charles E. Bates Bates,
and
Stacy applying for
supervisory writs, 19th Judicial District Court, Parish
of East Baton Rouge, No. 672829.
BEFORE: PENZATO, MILLER, GREENE, STROMBERG AND CALLOWAY,' JJ.
WRIT GRANTED IN PART AND DENIED IN PART. The district court' s
August 28, 2024 judgment denying as premature plaintiffs, motion
to exclude evidence of any alleged defect in the machinery involved
is reversed in part. La. Code Civ. P. art. 966( G) provides in
pertinent part:
When the court renders judgment . . . that a party or
nonparty is not negligent, is not at fault, or did not
cause in whole or in part the injury or harm alleged,
that party or nonparty shall not be considered in any
subsequent allocation of fault. Evidence shall not be
admitted at trial to establish the fault of that party
or nonparty[.]
The manufacturer of the involved,
machinery MacDon, Inc., was
dismissed after the grant of its motion for summary judgment. Bates
v.
Progressive Tractor and Implement Co., LLC, 2021- 0338 ( La. App.
1st Cir. 12/ 22/ 21), 340 So. 3d 71. Thus, any evidence to establish
MacDon, Inc.' s fault is inadmissible under La. Code Civ. P. art.
966( G), and plaintiffs' motion is granted in part as to this
evidence. There was
no evidence regarding the dismissal of CNH
Industrial America, LLC. In all other respects, the writ
application is denied.
ARP
HG
TPS
Miller/ J., concurs with the writ grant in part but would
deny in part because the criteria set forth in Herlitz Construction
Co., Inc. v.
Hotel Investors of New Iberia, Inc., 396 So . 2 d 878
La. 1981) ( per curiam) are not met.
Calloway, J.,
serving as judge pro tempore of the Court of Appeal, First
Circuit,
by special appointment of the Louisiana Supreme Court.
NO. 2024 CW 0956
PAGE 2 OF 2
Calloway, J., dissents. The criteria set forth in Herlitz
Construction Co., Inc. v. Hotel Investors of New Iberia, Inc., 396
So. 2d 878 ( La. 1981) ( per curiam) are not met.
URT OF APPEAL, FIRST CIRCUIT
T -Y Lr rtx uf UUUF\ i,