Reynolds v. Bordelon
2015 La. LEXIS 1487
La.2015Background
- March 15, 2008 multi-vehicle crash; Richard Reynolds was injured when his 2008 Infiniti G35S (manufactured by Nissan) was struck and allegedly its side/curtain airbags did not deploy.
- Reynolds sued under the Louisiana Products Liability Act (LPLA) alleging construction/composition defect, design defect, failure to warn, and breach of express warranty; suit also named the at-fault driver and others.
- Nissan moved for summary judgment; Reynolds submitted an expert affidavit (Dr. Baratta) and various documents; the trial court excluded several pieces of evidence for lack of authentication, relevance, or as hearsay and granted summary judgment.
- The court of appeal affirmed; the Louisiana Supreme Court granted writs to review admissibility rulings and the summary judgment and ultimately affirmed the lower courts.
- The Supreme Court held Reynolds failed to produce admissible evidence to meet his burdens under the LPLA on each theory (no proof of deviation from specs, no alternative design, no adequate proof of inadequate warning, no specific express warranty), and failed to show the vehicle was in the same condition as when it left the manufacturer.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of post-accident photos and documents | Photos, NHTSA printout, Nissan incident reports, dealership invoices and emailed materials should be considered to show defect and notice | Documents and photos were unauthenticated, sometimes irrelevant, and hearsay; thus inadmissible for summary judgment | Court upheld exclusions for lack of authentication, relevance, and hearsay; excluded evidence not properly supported |
| Expert material & CV admissibility | Dr. Baratta’s affidavit and supporting materials show airbags should have deployed | CV and materials were unsworn/uncertified and thus inadmissible; conclusions without admissible foundation are insufficient | Court admitted affidavit but excluded CV and supporting materials; held Dr. Baratta’s unsupported conclusory opinion inadequate to create a material fact dispute |
| LPLA — Construction/Composition defect | Airbag system failed to meet Nissan’s specifications/standards (owner’s manual and expert opinion support claim) | Owner’s manual disclaims automatic deployment in many collisions; plaintiff offered no evidence that this collision fit the manual’s deployment criteria or that the vehicle deviated from specs | Plaintiff failed to prove the vehicle deviated from manufacturer specs or that the collision should have triggered deployment; summary judgment proper |
| LPLA — Design defect (alternative design) | Airbag design failed to prevent Reynolds’s injuries | Plaintiff did not identify or develop any alternative design available when car left manufacturer control | Court required proof of an available alternative design; Reynolds produced none, so claim failed |
| LPLA — Failure to warn | Nissan failed to warn consumers that airbag system could fail in certain collisions | Owner’s manual contained warnings that side airbags may not inflate in frontal/rear/lower-severity side collisions; plaintiff offered no specific alternative warning | Court found the manual’s warning adequate as to the collision types described and plaintiff provided no evidence of an inadequate or omitted warning |
| LPLA — Express warranty | Nissan warranted vehicle would perform as expected; warranty induced purchase | Plaintiff failed to identify any specific express warranty, show it was untrue, or prove causation | Court rejected generalized expectation as insufficient; express warranty claim failed |
| Condition at manufacture (unaltered) | Implicit that system malfunctioned as-manufactured | Plaintiff produced no admissible evidence vehicle/airbag remained in substantially same condition since leaving manufacturer or that collision did not cause the failure | Court held plaintiff failed to establish the required element that product condition mirrored as-manufactured state |
Key Cases Cited
- Duncan v. U.S.A.A. Ins. Co., 950 So.2d 544 (La. 2006) (summary judgment standard and review described)
- Samaha v. Rau, 977 So.2d 880 (La. 2008) (procedure on burden-shifting in summary judgment explained)
- Alexander v. Toyota, 123 So.3d 712 (La. 2013) (express warranty requirements under LPLA discussed)
- Reynolds v. Bordelon, 159 So.3d 1061 (La. 2015) (related writ opinion addressing negligent spoliation issued contemporaneously)
- Reynolds v. Bordelon, 172 So.3d 589 (La. 2015) (companion opinion issued contemporaneously)