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JOHNSON v. T.L. JAMES & CO., INC.

No. 2000 CA 1365.

809 So.2d 287 (2001)

Archie JOHNSON v. T.L. JAMES & COMPANY, INC.; T.L. James Industrial Constructors, Inc.; Ralph M. Parsons Company, Inc.; Caterpillar, Inc.; and Woodward-Clyde Consultants, Inc.

Court of Appeal of Louisiana, First Circuit.

September 28, 2001.

Attorney(s) appearing for the Case

Joseph J. McKernan, Kirby J. Guidry, Baton Rouge, Counsel for Plaintiff/Appellant, Archie Johnson.

Patrick J. O'Cain, New Orleans, Counsel for Defendant/Appellee, Caterpillar, Inc.

Mark L. Riley, Lafayette, Counsel for Intervenor/Appellant, Highlands Insurance Co.

Stephen R. Wilson, Baton Rouge, Counsel for Defendant, T.L. James & Company, Inc.

Michael E. Wanek, New Orleans, Counsel for Defendant (dismissed), Woodward-Clyde Consultants, Inc.

John E. Heinrich, Baton Rouge, Counsel for Defendant (dismissed), T.L. James Industrial Constructors, Inc.

John B Dunlap, III, Baton Rouge, Counsel for Defendant (dismissed), Ralph M. Parsons Company.

Before: FOGG, PETTIGREW, JJ. and SHORTESS, J. Pro Tempore.

MELVIN SHORTESS, Judge Pro Tem.

In this case, appellant, Archie Johnson (plaintiff), appeals from a judgment of the trial court granting summary judgment in favor of appellee, Caterpillar, Inc. (hereinafter "Caterpillar") insofar as it pertains to plaintiff's claims that the subject excavator was unreasonably dangerous in design pursuant to the Louisiana Products Liability Act (hereinafter LPLA). For the following reasons, we reverse.

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