Guidry v. Neches Butane Products Co.
Guidry, an employee of Foster-Wheeler Corporation, sued Neches Butane Products Company for personal injuries sustained while working at Neches' plant. Foster was impleaded as a third-party defendant, and Foster impleaded Tri-Co, Inc. Liberty Mutual Insurance Company intervened. Guidry was injured when a crane's outrigger sank into unstable soil, causing a heat exchanger to strike him. Defendants moved for summary judgment, arguing lack of duty and proximate cause. The court affirmed the summary judgment against Guidry, concluding that Neches had no duty to warn of a hidden defect it neither knew nor reasonably should have known existed, and that the injury was not foreseeable.