Ducote v. Caterpillar Inc
1:23-cv-00672
W.D. La.Mar 8, 2024Background
- Plaintiffs (the Ducotes) filed a wrongful death and survival action in Louisiana state court after Randy Ducote was killed by a Caterpillar bulldozer sold by Louisiana Machinery.
- Plaintiffs named Caterpillar (a diverse defendant) and Louisiana Machinery (a non-diverse Louisiana LLC) as defendants, alleging the bulldozer was defective and that both failed to warn or properly train users.
- Caterpillar removed the case to federal court, asserting diversity jurisdiction, claiming Louisiana Machinery was improperly joined.
- Plaintiffs moved to remand for lack of complete diversity; Louisiana Machinery moved to dismiss for failure to state a claim, arguing improper joinder.
- The central factual disputes concerned whether Louisiana Machinery, as a non-manufacturer seller, (1) had a duty to warn or train, (2) had actual or constructive knowledge of a defect, or (3) met criteria for “professional vendor” liability under Louisiana law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument (Louisiana Machinery) | Held |
|---|---|---|---|
| Improper Joinder (Jurisdiction) | Louisiana Machinery is a proper non-diverse party; case must be remanded. | No reasonable basis for claim against Louisiana Machinery; improper joinder. | Louisiana Machinery improperly joined; removal correct. |
| Duty to Warn (Defective Product) | Louisiana Machinery knew/should have known about risk; failed to warn or train users on bulldozer dangers. | No control over design/warnings; warnings given in manual and decals; risks obvious. | No duty to warn; claim dismissed. |
| Duty to Train (Non-Manufacturer Seller) | Louisiana Machinery failed to provide safety instruction on equipment operation. | Training was not contracted/requested; basic walk-around was sufficient. | No duty to train under facts; claim dismissed. |
| Professional Vendor Liability | Louisiana Machinery should be treated as a professional vendor, liable like a manufacturer. | Not a professional vendor; merely sells, does not control design or quality. | Not a professional vendor; claim dismissed. |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (facial plausibility standard for pleadings)
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (pleading standards in federal court)
- Smallwood v. Illinois Central Railroad Co., 385 F.3d 568 (improper joinder standard in diversity cases)
- Griggs v. State Farm Lloyds, 181 F.3d 694 (ambiguities resolved in plaintiff's favor in joinder analysis)
- St. Paul Reinsurance Co. Ltd. v. Greenberg, 134 F.3d 1250 (jurisdiction based on facts at time of removal)
- Caterpillar Inc. v. Lewis, 519 U.S. 61 (diversity jurisdiction requirements)