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Louisiana Supreme Court Reverses Verdict in Fatal Ladder Case

The Louisiana Supreme Court reversed a Court of Appeal decision and rendered judgment in favor of Werner Co. in a products liability case stemming from a fatal ladder accident. The Oct. 24, 2025 ruling addressed whether the defendants qualified as manufacturers under state law.

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4 min readcourtlistener
Seal of the Supreme Court of Louisiana

Case Information

Case No.:
2024-C-01492

Key Takeaways

  • Louisiana Supreme Court reversed Court of Appeal and rendered judgment for Werner Co. in fatal ladder accident case
  • Court found defendants did not qualify as manufacturers under Louisiana Products Liability Act
  • Case involved corporate restructuring where original Werner Co. sold assets in bankruptcy to new entities
  • Justice Hughes dissented from the majority opinion
  • Decision vacated trial court judgment that was based on jury verdict favoring deceased man's family

The Louisiana Supreme Court reversed a Court of Appeal decision Friday and rendered judgment in favor of Werner Co. in a products liability lawsuit filed after a fatal ladder accident, marking a significant ruling on manufacturer liability under state law.

The high court's Oct. 24, 2025 decision in *Darlene Ward Pellecer v. Werner Co.* involved claims brought by the family of Carlos Pellecer, who died after falling from an allegedly defective ladder. Darlene Ward Pellecer, serving as administrator of her husband's estate, filed suit along with the couple's three daughters: Cynthia Pellecer Keppler, Linda Pellecer Seward, and Bonnie Pellecer Perez.

The case centered on complex corporate ownership issues that arose when the original Werner Co., a Pennsylvania corporation, sold significant assets in bankruptcy to Werner Co., a Delaware corporation, and New Werner Holding Co., Inc. The family sued both entities under the Louisiana Products Liability Act, claiming they were liable as manufacturers of the ladder that caused Pellecer's fatal injuries.

Justice Guidry, writing for the majority, focused the court's analysis on a key question under Louisiana law: whether the defendants qualified as manufacturers under the state's Products Liability Act. Specifically, the court examined whether the defendants "labeled the subject ladder as their own or otherwise held themselves out to be the manufacturer of the ladder," as required under La. R.S. 9:2800.53(1)(a).

The Louisiana Products Liability Act establishes strict liability standards for manufacturers of defective products that cause injury. Under the statute, a manufacturer can be held liable if a product is "unreasonably dangerous" due to construction, design, or inadequate warnings. However, the law requires establishing that the defendant actually qualifies as a "manufacturer" under the statutory definition.

The original trial court had entered judgment on a jury verdict, presumably in favor of the Pellecer family. The Court of Appeal, Fourth Circuit, Parish of Orleans, had affirmed that decision. However, the Supreme Court of Louisiana granted certiorari to review the manufacturer liability question.

After reviewing the testimony and evidence, Justice Guidry concluded that the defendants did not qualify as manufacturers under the Louisiana Products Liability Act. "Having considered the testimony and evidence presented, we find no liability for the defendants under the Louisiana Products Liability Act," the court wrote.

The decision represents a complete reversal of the lower courts' rulings. The Supreme Court not only reversed the appellate court's judgment but also vacated the original trial court judgment based on the jury verdict and rendered a new judgment entirely in favor of the defendants.

Justice Hughes dissented from the majority opinion and assigned reasons for the dissent, though the full text of the dissenting opinion was not included in the court's news release.

The case highlights the complexity of products liability claims involving corporate restructuring and asset transfers. When companies undergo bankruptcy proceedings and asset sales, questions often arise about which entity bears legal responsibility for products manufactured before the restructuring.

For the Pellecer family, the ruling represents a complete loss after what appears to have been a successful trial court proceeding. The case had progressed through both the trial court and intermediate appellate court before reaching the state's highest court.

The Louisiana Supreme Court's decision could have broader implications for products liability cases involving companies that have undergone significant corporate restructuring. The court's emphasis on whether defendants "labeled" products as their own or "held themselves out" as manufacturers provides guidance for future cases involving similar corporate ownership issues.

The case also underscores the importance of properly identifying liable parties in products liability litigation. Under Louisiana law, establishing manufacturer status is a prerequisite to liability under the Products Liability Act, and the court's decision demonstrates that corporate asset transfers can significantly complicate this determination.

Products liability attorneys will likely study this decision closely, particularly the court's analysis of how corporate restructuring affects manufacturer liability. The ruling may influence how plaintiffs approach cases involving companies that have undergone bankruptcy proceedings or significant asset transfers.

For Werner Co., the decision represents a complete victory after facing potential liability for a fatal accident. The company successfully argued that despite any connection to the original manufacturer, it did not qualify as a manufacturer under Louisiana's strict liability statute.

The case number was 2024-C-01492, and the decision was issued as part of the court's Oct. 24, 2025 opinion release from the Parish of Orleans Civil proceedings.

Topics

Products LiabilityWrongful DeathCorporate LiabilityAsset PurchaseManufacturing DefectsLouisiana Products Liability Act

Original Source: courtlistener

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