DiLeo v. Ryder Truck Rental, Inc.

I respectfully dissent.

The sole issue is whether the actions of Runyon and Hemmerich demonstrated the degree of gross negligence necessary to amount to a superseding, intervening cause which would hold them solely liable for John DiLeo’s death. The trial court correctly applied the Jagers v. Royal Indemnity Co., 276 So.2d 309 (La.1973), “interest analysis” test in determining Louisiana substantive law was applicable based on the significant connection five of the eight parties had with Louisiana.

In adopting a duty-risk analysis approach in highway obstruction cases, the Louisiana Supreme…