United States Fifth Circuit

In an action brought under the Louisiana Products Liability Act arising after plaintiff used, and was severely burned by, a Therma Care Heatwrap, summary judgment for Procter & Gamble defendants is affirmed where: 1) plaintiff failed to show that her use of the heatwrap was a reasonably anticipated use, particularly considering that she violated extensive warnings when she used the heatwrap; and 2) she failed to provide any evidence showing that defendant had reason to know that the warnings were ineffectual.

Appellate Information

• Decided 02/13/2008
• Published 02/14/2008

Judges

• BENAVIDES, Circuit Judge:, Before GARWOOD, GARZA and BENAVIDES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Preston M. Summers (argued), Abbeville, LA, for Plaintiffs-Appellants.


• For Appellees:
  
• Dominic J. Gianna (argued), Alan Dean Weinberger (argued), Middleberg, Riddle & Gianna, New Orleans, LA, for Defendants-Appellees.