MARY SEITHER, INDIVIDUALLY AND IN HER CAPACITY AS TUTRIX OF THE MINORS, MARK SEITHER AND STEPHEN SEITHER Vs. WINNEBAGO INDUSTRIES, INC., BERNARD J. SEITHER, AIU INSURANCE COMPANY, AND STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
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MARY SEITHER, INDIVIDUALLY AND IN HER CAPACITY AS TUTRIX OF THE MINORS, MARK SEITHER AND STEPHEN SEITHER * NO. 2002-CA-2091 * COURT OF APPEAL * FOURTH CIRCUIT * STATE OF LOUISIANA VERSUS * WINNEBAGO INDUSTRIES, INC., BERNARD J. SEITHER, AIU INSURANCE COMPANY, AND STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY * ******* JONES, J. CONCURS WITH REASONS I reluctantly concur with the majority. The Louisiana Products Liability Act is specific that there must be a demonstration of the existence of “an alternative design for the product that was capable of preventing the claimant’s damage...” La. R.S. 9:2800.56(1). It appears from the record that the Seither’s failed to present expert testimony regarding an alternative design. There is no question that the passenger compartment of the Winnebago should not have collapsed the way that it did. However, I am bound by law to rule in this manner.
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