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02/18/2011 "See News Release 011 for any Concurrences and/or Dissents." SUPREME COURT OF LOUISIANA No. 2010-C-2627 ROBBIE PAYNE, ET AL. VERSUS BRETT GARDNER, ET AL. ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, THIRD CIRCUIT, PARISH OF RAPIDES PER CURIAM* Finding the Court of Appeal erred in reversing summary judgment on the basis there are material issues of fact regarding whether Lufkin Industries, Inc. ("Lufkin") should have reasonably anticipated an ordinary person in the same or similar circumstances would use or handle its pumping unit as a "ride," we grant this writ to reinstate the District Court's judgment, granting Lufkin's motion for summary judgment and dismissing plaintiff's claim with prejudice. This litigation arises from an accident that occurred in rural Rapides Parish on March 9, 2004, when thirteen-year-old Henry Goudeau climbed onto the moving pendulum of an oil well pump and attempted to "ride" the pendulum. As the pendulum continued its upward motion, his pants unfortunately became entangled in other parts of the pump, resulting in severe personal injuries. Henry's mother, Robbie Payne, subsequently filed suit against the manufacture of the pumping unit, Lufkin, among others. In response, Lufkin filed a motion for summary judgment, asserting it was not liable for Henry's injuries because it did not "anticipate" at the time it designed and manufactured the product in the 1950s that it would be "used" for recreational purposes

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