HENSGENS v. DEERE & CO.

No. 87-4251.

833 F.2d 1179 (1987)

Elizabeth M. HENSGENS, Individually and On Behalf Of the Minors, Karl Jude Hensgens, Brian Keith Hensgens, Catherine Elaine Hensgens, Mary Elizabeth Hensgens, Craig Robert Hensgens and Charles Hensgens, III, Plaintiffs-Appellants, v. DEERE & COMPANY, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 17, 1987.


Attorney(s) appearing for the Case

Leslie J. Schiff, Anne E. Watson, Sandoz, Sandoz & Schiff, Opelousas, La., for plaintiffs-appellants.

Guglielmo, Lopez, Tuttle & Walker, James T. Guglielmo, Opelousas, La., for amicus curiae.

L. Lane Roy, Lee H. Ishee, Roy & Hattan, Lafayette, La., for Deere.

John E. McElligott, Jr., Davidson, Meaux, Sonnie & McElligott, Lafayette, La., for Gueydon.

Before REAVLEY, WILLIAMS and HIGGINBOTHAM, Circuit Judges.


REAVLEY, Circuit Judge:

Elizabeth Hensgens, on behalf of herself and her minor children, appeals the grant of summary judgment for defendants Deere & Co. and Gueydan Tractor & Equipment Company ("Gueydan"). We vacate and remand.

I.

Charles Hensgens, Jr., Elizabeth's husband and the children's father, was killed on March 6, 1985 in an accident involving a John Deere Tractor. Elizabeth Hensgens (for herself and her minor children, all Louisiana...

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