Murphy Secures Dismissal of Multi-Million Dollar Suit
April 12, 2010
New Orleans, LA – Howard Murphy secured the dismissal of a multi-million dollar suit brought against a sugar mill and its insurers by several plaintiffs, including one plaintiff who was rendered a quadriplegic as a result of a vehicular collision that occurred in Baton Rouge, Louisiana, in March 2008. The sugar mill had arranged for the driver of a tractor-trailer operated by another company to load raw sugar at the sugar mill, using equipment belonging to the sugar mill, and to transport the raw sugar to a refinery located approximately 60 miles away. The driver loaded more raw sugar on the trailer than the statute governing weight limits on roadways allowed. While in transit to the refinery, the tractor-trailer rear-ended several vehicles, including the vehicles operated by plaintiffs. The sugar mill moved for summary judgment in the trial court, contending the tractor-trailer company was an independent contractor and therefore the sugar mill should have no liability for the actions of the tractor-trailer company or its driver. After the motion was filed, the trial court authorized plaintiffs to take the depositions of representatives of both the sugar mill and the tractor-trailer company. At the hearing on the motion, the trial court denied the motion. Following the denial, the sugar mill and its insurers applied for a supervisory writ of certiorari to the Louisiana First Circuit Court of Appeals. The First Circuit granted the writ, reversed the trial court and entered summary judgment in favor of the sugar mill and its insurers. The First Circuit held that plaintiffs had failed to establish that they will be able to carry their evidentiary burden at trial to demonstrate the sugar mill's vicarious liability or that the sugar mill had a duty to prevent the overloading of the tractor-trailer. Plaintiffs thereafter applied for a supervisory writ of certiorari to the Louisiana Supreme Court, which the Supreme Court denied. Manchester v. Conrad, No. 2009-CW-1074 (La. App. 1st Cir.)
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