409 So.3d 226
La. Ct. App.2024Background
- This appeal arises from a wrongful death and personal injury lawsuit following a fatal accident on July 4, 2018, at the Phillips 66 Alliance Refinery in Belle Chasse, Louisiana, where employee Jerome Matthews died after falling into a basin with removed grating.
- Plaintiffs alleged defendants (Turner Industries, BrandSafway, et al.) failed to ensure safety procedures, adequately warn of hazards, or properly maintain premises; defendant PSC and Phillips 66 were initially parties but dismissed via statutory employer and workers' compensation immunity.
- Turner and BrandSafway moved for summary judgment on grounds of lack of evidence of causation, absence of work orders for grating removal, and lack of breach of duty due to any open and obvious hazardous condition.
- Plaintiffs opposed with evidence suggesting Turner regularly removed grating and questioned the completeness of discovery pertaining to who removed the grating and which party had duty to erect barricades.
- Trial court granted summary judgment in favor of Turner and BrandSafway, dismissed the claims and denied plaintiffs’ motion to compel production of data identifying Turner employees' presence at the site.
- On appeal, the Fourth Circuit Court of Appeal reversed and remanded, finding genuine issues of material fact precluded summary judgment and that the trial court erred by dismissing claims not properly raised or addressed on summary judgment, including spoliation and the emotional distress claim of Mr. Barber.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Summary Judgment (Cause/Fault) | Turner and BrandSafway responsible for hazardous grating removal, evidence supports liability | No evidence defendants caused the accident or removed grating, no duty breached | Reversed; genuine issues of fact exist |
| Spoliation Claim | Spoliation claim not addressed in summary judgment; evidence suggests documents destroyed | Motion addressed spoliation via footnote; no evidence of spoliation | Reversed; summary judgment improper on unaddressed issue |
| Mr. Barber's Injury/Emotional Distress | Barber suffered physical and mental injury as rescuer, not just bystander | Barber's claim is bystander-only, barred by statute; no corroborating injury evidence | Reversed; genuine issue of fact on physical injury, not subject to bystander statute |
| Motion to Compel Turner Employees | Needed to identify all Turner employees to determine responsibility | Already provided list; further requests untimely, duplicative | Reversed; trial court abused discretion, request was reasonable and relevant |
Key Cases Cited
- Garco, Inc. v. Rob’s Cleaning & Powerwash, Inc., 12 So.3d 386 (La. App. 4 Cir. 2009) (explaining that absence of clerk’s certificate of judgment mailing is not grounds for dismissal of appeal)
- Cutrone v. English Turn Prop. Owners Ass’n., Inc., 293 So.3d 1209 (La. App. 4 Cir. 2020) (court’s summary judgment review limited to issues raised in motion or opposition)
- Francois v. Norfolk S. Corp., 812 So.2d 804 (La. App. 4 Cir. 2002) (trial court abuses discretion by denying motion to compel discoverable information relevant to subject matter)