James V. Chapman and Wanda D. Chapman v. Diggs Transportation, LLC

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

JAMES V. CHAPMAN AND WANDA NO. 2025 CW 0264
D. CHAPMAN PAGE 1 OF 2
VERSUS

DIGGS TRANSPORTATION, LLC, DECEMBER 2, 2025
ET AL.

In Re: 4th Sector Solutions, Inc., applying for supervisory

writs, 19th Judicial District Court, Parish of East
Baton Rouge, No. 685723.

BEFORE : THERIOT, HESTER, AND EDWARDS, JJ.

WRIT GRANTED. The trial court’s November 18, 2024 judgment,
which denied the motion for summary judgment filed by defendant,
4th Sector Solutions, Inc. (“4th Sector”), is reversed. A threshold
issue in any negligence action is whether the defendant owed the
plaintiff a duty. Meany v. Meany, 94-0251 (La. 7/5/94), 639 So.2d
229, 233. This issue is a legal question for the court to decide.
Id. In deciding whether to impose a duty in a particular case, the
court must make a policy decision in light of the unique facts and
circumstances presented. Daniels v. USAgencies Cas. Ins. Co.,
2011-1357 (La. App. Ist Cir. 5/3/12), 92 So.3d 1049, 1055. When no
factual dispute exists and no credibility determinations are
required, the legal question of the existence of a duty is
appropriately addressed by summary judgment. Id.

In opposition to 4th Sector’s motion for summary judgment,
plaintiffs asserted that 4th Sector owed a duty to plaintiffs to
verify that bus transportation bidders had valid liability
insurance as required by state law to transport schoolchildren. We
find that 4th Sector acted as an agent to procure bidding proposals
for the defendant charter schools, and 4th Sector did not select
or negotiate the terms of the resulting contract. The agent's duty
to use due care in procurement of services for a client arises
from the agreement between them and does not encompass the risk of
harm to the third-party victim who seeks to proceed directly
against the agent based on a claim that the agent failed in his
duty to secure proper services. See Huffman v. Goodman, 33,647
(La. App. 2d Cir. 8/23/00), 766 So.2d 651, 654; See also Campbell
v. Continental-Emsco Co., 445 So.2d 70, 72 (La. App. 2d Cir.),
writ denied, 446 So.2d 1223 (La.1984). Moreover, 4th Sector did
not procure the bus transportation service, itself, only proposals
for that service on behalf of its client(s), GEO Academies and/or
GEO Prep Academy of Greater Baton Rouge and GEO Prep Mid-City. 4th
Sector’s client additionally approved the request for proposals,
which required “evidence of insurance or insurability”. 4th
Ssector’s obligation was owed directly to its client. See Id. It is
our view that the client’s duty to procure a bus transportation
vendor with valid liability insurance coverage pursuant to state
law does not extend to 4th Sector. Accordingly, the motion for
summary judgment is granted, and the claims of plaintiffs, James

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

NO. 2025 CW 0264
PAGE 2 OF 2

V. Chapman and Wanda D. Chapman, against defendant, 4th Sector
Solutions, Inc., are dismissed with prejudice.

MRT
CHH
BDE

COURT OF APPEAL, FIRST CIRCUIT

Y CLERK OF COURT
FOR THE COURT