COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA
RE: Docket Numbers 2021 CA 0534
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 0535
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 conclusion and decree of our decision rendered December
30, 2021 in the above numbered and titled matter to read as follows:
CONCLUSION
For the above and foregoing reasons, to the extent that the trial court' s October
18, 2019 judgment granting summary judgment in favor of Flowserve US Inc.
dismissed, with prejudice, Derrick Daigrepont' 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 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 Derrick Daigrepont' s claims against Flowserve US Inc.
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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."
oo
Vanessa Guidry Whipp e, C of Judge
Allison H. Penzato, Judge
Chris Hester, Judge
Date
APR 2 7 2022
Rodd Naquin, Clerk
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Derrick Daigrepont v. Exxon Mobil Corporation, Exxonmobil Oil Corporation, Exxonmobil Pipeline Company, Turner Industries Group, LLC, Turner Industrial Maintenance, LLC, and Flowserve US, Inc.
Combined Opinion