Funches v. Progressive Tractor and Implement Co., No. 17-60431 (5th Cir. 2018)Annotate this Case
After plaintiff lost his arm when his vehicle collided with a piece of farm equipment being towed by a truck, plaintiff filed suit against Progressive, the company that leased the equipment to the driver of the truck, alleging that the company was negligent in failing to warn the driver of the dangers associated with towing the equipment with a pickup truck instead of a tractor. The district court granted summary judgment for Progressive on the failure to warn claim.
The Fifth Circuit affirmed and held that plaintiff failed to create a factual dispute regarding the essential element of proximate cause. In this case, plaintiff failed to put forth any evidence that corroborated his conclusory assertion that the truck's lack of control over the farm disc led to his accident.
The court issued a subsequent related opinion or order on October 8, 2018.