Carline Fisheries Inc. et al v. Vector Disease Control et al

Filing 70

RULING re 44 MOTION for Summary Judgment filed by Vector Disease Control International L L C, National Union Fire Insurance Co of Pittsburgh PA. Signed by Judge Dee D Drell on 10/22/2018. (crt,Roaix, G)

R EC E I VE D
OCT 22 2018

t

TONY R. MOOflE, CLERK
WESTERN DISTRICT OF LOUISIAN�
ALEXANDRIA, LOUISIANA

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
LAFAYETTE DIVISION
CIVIL ACTION NO. 6:16-1506

CARLINE FISHERIES, INC., ET AL.
VERSUS

JUDGE DEE D. DRELL
MAGISTRATE JUDGE HANNA

VECTOR DISEASE CONTROL
INTERNATIONAL, LLC, ET AL.
RULING

Before the court is a motion for summary judgment (Doc. 44) filed by defendants Vector
Disease Control International, LLC and National Union Fire Insurance Co. of Pittsburgh, PA. For
the reasons set forth below, the court finds that the motion should be DENIED.
I.

BACKGROUND
The Iberia Parish Mosquito Abatement District ("IPMAD") 1, tasked with conducting

mosquito abatement services for the parish, contacted Vector Disease Control International, LLC
("Vector") sometime prior to November 3, 2015, about conducting an aerial application of a
mosquito abatement chemical over parts of Iberia Parish. The two entered into a contract which
called upon Vector to make an aerial application of the chemical Dibrom on the evenings of
November 3 and 4, 2015, to specified areas of Iberia Parish. IPMAD provided Vector with GPS
coordinates of these target areas, and Vector confirmed the coordinates by sending maps of the
target areas back to IPMAD. Shortly before the aerial application on November 3, 2015, IPMAD
made an oral change to the contract. Instead of Dibrom, to which the mosquitos had built a
tolerance, Vector would spray the pesticide Permanone.

1 IPMAD is an agency of Iberia Parish government.