Payne v. Gardner

PER CURIAM.*

1,Finding the Court of Appeal erred in reversing summary judgment on the basis there are material issues of fact regarding whether Lufkin Industries, Inc. (“Lufkin”) should have reasonably anticipated an ordinary person in the same or similar circumstances would use or handle its pumping unit as a “ride,” we grant this writ to reinstate the District Court’s judgment, granting Lufkin’s motion for summary judgment and dismissing plaintiffs claim with prejudice.

This litigation arises from an accident that occurred in rural Rapides Parish on March 9, 2004, when thirteen-year-old Henry…