Moore v. Smith, et al., No. 12-31265 (5th Cir. 2013)Annotate this Case
Plaintiff filed suit against PPG, alleging that he was "seriously and permanently injured" by a piece of falling equipment. On appeal, plaintiff challenged the district court's denial of his motion for leave to amend his complaint. The court agreed with the district court that plaintiff's proffered amendment relied on the proposed parties' general responsibilities to oversee safety rather than on evidence of personal fault, as required to trigger individual liability under Louisiana law. Further, the court concurred with the district court's conclusion that the amendment only served to defeat diversity jurisdiction. Although the district court did not expressly examine the other Hensgens v. Deere & Co. factors, the court could not conclude that any of those factors tipped the scales in favor of plaintiff. Accordingly, the district court did not abuse its discretion in denying the motion and the court affirmed the judgment of the district court.