Bonds v. SAPA Extrusions, LLC, 135 So. 3d 799

Alvin Bonds, an independent truck driver, was injured at SAPA Extrusions' facility when he fell from a load after misstepping while securing it.
SAPA required that the aluminum be strapped and tarped, and mandated fall protection for drivers on top of loads.
The safety protocol included netting along the trailer sides and a catwalk at the load end, which was not in place when Bonds was injured.
SAPA representatives testified the safety measures were implemented to set a benchmark and were strictly enforced for anyone loading or working on loads.
Bonds and his wife Betty filed suit for injuries and medical expenses, with SAPA and others facing claims for damages; SAPA moved for summary judgment asserting no duty.
The trial court granted SAPA's summary judgment; Bonds appealed claiming SAPA owed a duty and breached it.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Duty owed and breach by SAPA	Bonds: SAPA owed a duty of care under foreseeability and policy considerations.	SAPA: no legal duty owed to Bonds under the circumstances.	Duty existed; breach question for fact.

Argonaut Great Cent. Ins. Co. v. Hammett, 13 So.3d 120 (La. App. 2d Cir. 2009) (summary-judgment standards; de novo review; duties and facts must be viewed in a light favorable to the nonmoves)
Pinsonneault v. Merchants & Farmers Bank & Trust Co., 816 So.2d 270 (La. 2002) (duty-risk analysis components)
Meany v. Meany, 639 So.2d 229 (La. 1994) (policy factors for imposing a duty)
Carrier v. City of Amite, 50 So.3d 1247 (La. 2010) (duty determination guided by policy and facts)
Carpenter v. Foremost Signature Ins. Co., 87 So.3d 264 (La. App. 2d Cir. 2012) (considerations in determining whether a duty exists)