Seguin v. Remington Arms Co.

260 F. Supp. 3d 674
CourtDistrict Court, E.D. Louisiana
DecidedMay 16, 2017
DocketCIVIL ACTION NO. 14-2442
StatusPublished

This text of 260 F. Supp. 3d 674 (Seguin v. Remington Arms Co.) is published on Counsel Stack Legal Research, covering District Court, E.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Seguin v. Remington Arms Co., 260 F. Supp. 3d 674 (E.D. La. 2017).

Opinion

SECTION “B” (2)

ORDER AND REASONS

Ivan L. R. Lemelle, SENIOR UNITED STATES DISTRICT JUDGE

Before the Court are cross-motions for summary judgment filed by Plaintiff Precious Seguin (“Precious” or “Plaintiff’) and Defendant Remington Arms Company, LLC (“Remington” or “Defendant”). Rec. Docs., 151, 152. Both parties timely filed opposition memoranda. Rec. Docs. 154-1, 155. For the reasons discussed below,

IT IS ORDERED that Plaintiffs motion for summary judgment (Rec. Doc. 151) is GRANTED;

IT IS FURTHER ORDERED that Defendant’s cross-motion for summary judgment (Rec. Doc; 152) is DENIED. ,

I. FACTUAL BACKGROUND AND PROCEDURAL HISTORY

As previously discussed, this case arises out of a tragic hunting accident in which Precious suffered significant injuries. On October 28, 2013, at approximately 10:00 p.m., Precious A^ent out' into' the woods near Loranger, Louisiana with her father, James Seguin, Jr. (“J.R.”), her brother, James Seguin, III (“Bubba”), and a family friend, Matthew Perilloux (“Perilloux”), to hunt a wounded deer. See Rec. Docs. 150 at 1; 53-3 at 2; 61-3 at 1-2. J.R. was carrying a Remington Model 710 bolt-action rifle (“the rifle”). Rec. Doc. 150 at 1. The party moved through the woods in a single file in the following order: Perilloux, J.R., Precious, and then Bubba. Rec. Docs. 53-3 at 3; 61-3 at 2. Plaintiff maintains that, at one point, she bent over, facing the opposite direction of the group, to look for a blood trail. Rec. Doc. 61-3 at 2. The rifle, then pointed in Plaintiffs direction, discharged and struck Plaintiff in the right buttocks, traveling through her hip and exiting through her right elbow. Id. at 3; see also Rec. Doc. 150 at 1.

On October 24,, 2014, Precious, J.R., Bubba, and Precious’s mother, Joy, filed suit against Remington, Sporting Goods Properties, Inc. (“SPS”), and E.I. du Pont de Nemours and Company (“E.I”). Rec. Doc. 1. Plaintiffs amended their complaint, naming Remington as the sole defendant. Rec. Doc. 8. They then voluntarily dismissed SPS and E.I. Rec. Doc. 13. On July 5, ,2016, this Court granted Plaintiffs’ unopposed motion to dismiss with prejudice all claims brought by Joy, J.R., and Bubba. Rec. D|oc. 125. The only remaining claim is Precious’s products liability claim agairist Remington.

During a telephone status conference on March 21, 2017, counsel for both parties informed the Court that they would like to submit cross-motions for summary judgment instead of proceeding to trial. Rec. Doc. 146. After an extension, the parties filed the instant motions, Rec. Docs. 151, 152. The only issue before the Court is whether or not Plaintiff may assert and recover on a cjaim for design defect under the Louisiana Products Liability Act (“LPLA”). Rec. Doc. 150 at 2 (citing La. Rev. Stat. Ann. §§ 9:2800.56, 9:2800.60). If the Court finds that Plaintiff may assert and recover on such a claim, then, pursuant to the parties’ stipulations, judgment is to be entered in Plaintiffs favor in the amount of $500,000; otherwise, judgment is to be entered in Defendant’s favor, dismissing all claims with prejudice. Rec. Docs. 150 at 2-3; 152-1 at 2. Oral arguments on the motions were received -by teleconference on Friday, May 12, 2017 at [677]*6779:00 a.m. -with parties’ counsel. See Rec. Doc. 149.

II. PARTIES’ CONTENTIONS

Plaintiff argues-that “[t]he decision before this [Cjourt is whether any firearm, irrespective of how horrific the design, can ever be the subject of a § 9:2800.60 claim.” Rec. Doc. 151-1 at 1. In other words, assuming that Plaintiff could demonstrate a design defect under § 9:2800.56, ■ this Court must determine whether or not § 9:2800.60(B) prohibits Plaintiff . from bringing such a claim against Defendant.

Even though the issue is not before the Court, we will briefly describe Plaintiffs allegation that the rifle’s “Walker Are control mechanism” is defectively designed,1 See Rec. Doe. 151 — 1 at 2. According to Plaintiff, the mechanism uses a “connector” that “floats on top of the trigger inside of the gun....” Id. at 3. “When the trigger is pulled, the connector is pushed forward ... allowing the sear to fall and fire the rifle:” Id. Before the-trigger is .pulled, the connector and sear overlap only slightly, by about 25/1000ths of an inch. Id. at 4. Because the connector is not bound to the trigger, it allegedly separates from the trigger during the recoil after each firing. Id. Dirt, debris, and manufacturing scrap can then become lodged between the connector and the trigger. Id. If too much debris accumulates, the connector will no longer be able to support the sear. Id. at 5. The rifle may then fire without the trigger being pulled if the rifle is jarred or dropped, when the safety is released,, or when the bolt is open or closed. Id.2 According to Plaintiff, “[tjhere have been over 4,000 documented complaints of unintended discharge with respect to” the Model 710 rifle and its predecessor, the Model 700. Id. at2.3

[678]*678Assuming Plaintiff could demonstrate a design defect, Defendant argues that recovery is precluded by § 9:2800.60(B). Rec. Doc. 152-1 at 1. Plaintiff maintains that this statute is ambiguous and, if applied literally, would lead to an absurd result. Rec. Doc. 154-1 at 2.

III. LAW AND ANALYSIS

A. APPLICABLE LAW

1. SUMMARY JUDGMENT STANDARD

Under Federal Rule of Civil Procedure 56, summary judgment is appropriate only if “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986) (quoting Fed. R. Civ. P. 56(c)). See also TIG Ins. Co. v. Sedgwick James of Wash., 276 F.3d 754, 759 (5th Cir. 2002). A genuine issue exists if the evidence would allow a reasonable jury to return a verdict for the non-moving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

Generally, the movant must point to “portions of ‘the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any,’ which it believes demonstrate the absence of a genuine issue of material fact.” Celotex, 477 U.S. at 323, 106 S.Ct. 2548. If and when the movant carries this burden, the non-movant must then go beyond the pleadings and present other evidence to establish a genuine issue. Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Lindsey v. Sears Roebuck and Co.
16 F.3d 616 (Fifth Circuit, 1994)
TIG Insurance v. Sedgwick James of Washington
276 F.3d 754 (Fifth Circuit, 2002)
Keenan v. Donaldson, Lufkin & Jenrette, Inc.
529 F.3d 569 (Fifth Circuit, 2008)
Erie Railroad v. Tompkins
304 U.S. 64 (Supreme Court, 1938)
United States v. American Trucking Associations
310 U.S. 534 (Supreme Court, 1940)
Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (Supreme Court, 1986)
United States v. Ron Pair Enterprises, Inc.
489 U.S. 235 (Supreme Court, 1989)
Connecticut National Bank v. Germain
503 U.S. 249 (Supreme Court, 1992)
Robinson v. Shell Oil Co.
519 U.S. 337 (Supreme Court, 1997)
Morial v. Smith & Wesson Corp.
785 So. 2d 1 (Supreme Court of Louisiana, 2001)
Touchard v. Williams
617 So. 2d 885 (Supreme Court of Louisiana, 1993)
In Re Succession of Boyter
756 So. 2d 1122 (Supreme Court of Louisiana, 2000)
In Re Katrina Canal Breaches Litigation
495 F.3d 191 (Fifth Circuit, 2007)
State v. Barbier
743 So. 2d 1236 (Supreme Court of Louisiana, 1999)
Stogner v. Stogner
739 So. 2d 762 (Supreme Court of Louisiana, 1999)
First Nat. Bank v. Beckwith MacHinery Co.
650 So. 2d 1148 (Supreme Court of Louisiana, 1995)
State v. Piazza
596 So. 2d 817 (Supreme Court of Louisiana, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
260 F. Supp. 3d 674, Counsel Stack Legal Research, https://law.counselstack.com/opinion/seguin-v-remington-arms-co-laed-2017.