Ashley Ambrose v. Command Construction Industries LLC

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

ASHLEY AMBROSE NO. 2026 CW 0507
VERSUS
COMMAND CONSTRUCTION JULY 31, 2026

INDUSTRIES, LLC, ET AL

In Re: Ascension Quality Materials, LLC, applying for
supervisory writs, 19th Judicial District Court, Parish
of East Baton Rouge, No. 753870.

BEFORE : THERIOT, PENZATO, AND BALFOUR, JJ.

WRIT GRANTED. We find that third-party defendant, Ascension
Quality Materials, LLC, is entitled to summary judgment. The
relevant provisions of the contract require Ascension Quality
Materials, LLC to defend and indemnify third-party plaintiff,
Command Construction Industries, LLC, only for losses arising out
of “any claim against [Command Construction Industries, LLC]
caused by the act or omission of [Ascension Quality Materials,
LLC] .. in the performance of the Purchase Order.” Plaintiff, Ashley
Ambrose's, petition in the principal demand asserts claims solely
against Command Construction Industries, LLC and alleges no act or
omission by Ascension Quality Materials, LLC that caused the claims
asserted against Command Construction Industries, LLC. Because the
contract limited Ascension Quality Materials, LLC's obligation to
claims "caused by" its acts or omissions, rather than expressly
agreeing to indemnify Command Construction Industries, LLC for its
own negligence, we find that the indemnity provisions do not apply.
Louisiana courts will not extend indemnity obligations to cover an
indemnitee’s own negligence absent clear and unequivocal
contractual language expressing such intent. See Barnett v. Am.
Const. Hoist, Ine., 2011-1261 (La. App. 1st Cir. 2/10/12), 91 So.3d
345; Bennett v. Demco Energy Services, LLC, 2023-01358 (La.
5/10/24), 386 So.3d 270. Accordingly, the March 3, 2026 judgment
of the trial court is reversed, summary judgment is rendered in
favor of third-party defendant, Ascension Quality Materials, LLC,
and third-party plaintiff, Command Construction Industries, LLC’s,
claims against the third-party defendant are dismissed.

MRT

AHP
KEB

QOURT OF APPEAL, FIRST CIRCUIT

iW Cf NAM KY YA
(PUTY CLERK OF COURT
| FOR THE COURT