COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA
RE: Docket Numbers 2021 CA 0538
Derrick Daigrepont
Versus - -
Exxon Mobil Corporation, ExxonMobil 19' Judicial District Court
Oil Corporation, ExxonMobil Pipeline Case #: C657026 c/ w C658372
Company, Turner Industries Group, LLC, East Baton Rouge Parish
Turner Industrial Maintenance, LLC, &
Flowserve, Inc.
Consolidated with the following:
2021 CA 0539
Rodney Wanner
Versus - -
Exxon Mobil Corporation, ExxonMobil Global Services Company,
ExxonMobil Chemical Company, ExxonMobil Research & Engineering
Company, Brock Industrial Services LLC, Total Safety U.S., Inc.,
United Rentals ( North America), Inc., Flowserve US Inc., & Jonathan Zachary
On Application for Rehearing filed on 01/ 12/ 2022 by Flowserve US Inc.
On rehearing.
We grant Flowserve US Inc.' s application for rehearing for the limited
purpose of amending the conclusory paragraph and decree of our decision rendered
December 30, 2021 in the above numbered and titled matter to read as follows:
CONCLUSION
For the reasons set forth in the companion case, Daigrepont v. Exxon Mobil
Corporation, 2021- 0534, 2021- 0535 ( La. App. 1St Cir. 12/ 30/ 21) So. 3d , to
the extent that the trial court' s October 18, 2019 judgment granting summary
judgment in favor of Flowserve US Inc. dismissed, with prejudice, Rodney
Warmer' s non-LPLA claims, as well as his LPLA claims under LSA-R. S. 9: 2800. 55
unreasonably dangerous in construction or composition) and LSA-R.S. 9: 2800. 58
unreasonably dangerous because of non -conformity to an express warranty), against
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Flowserve US Inc., the trial court' s judgment is hereby affirmed. To the extent that
the trial court' s October 18, 2019 judgment dismissing all of Rodney Warner' s
claims against Flowserve US, Inc. included his claims asserted under the LPLA,
pursuant to LSA-R.S. 9: 2800.56 ( unreasonably dangerous in design) and LSA-R.S.
9: 2800. 57 (unreasonably dangerous because of inadequate warning), the October 18,
2019 judgment is hereby reversed, and this matter is remanded for further
proceedings. Costs of this appeal are assessed against defendant/ appellee,
Flowserve US Inc.
AFFIRMED IN PART, REVERSED IN PART, AND REMANDED."
Allison H. Penzato, Judge
a
Chris Hester, Judge
Date APR 2 7 20'21,
Rodd Naquin, Clerk
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