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ADAMS v. J.E. MERIT CONST., INC.

No. 97-CC-2005.

712 So.2d 88 (1998)

Earl J. ADAMS, Jr., et al. v. J.E. MERIT CONSTRUCTION, INC., et al.

Supreme Court of Louisiana.

May 19, 1998.

Attorney(s) appearing for the Case

Henri Wolbrette, III, James Michael Garner, John Thomas Balhoff, II, William Jeffers Furnish, Jr., Martha Young Curtis, New Orleans, for Applicant.

Charles Joseph Ballay, Adrian Anthony Colon, Jr., Ballay & Braud, Belle Chasse, Stephen Barnett Murray, Charles R. Ward, Jr., Robert John Diliberto, New Orleans, Sherman Gene Fendler, Mark Daniel Latham, Liskow & Lewis, New Orleans, Lynn M. Luker, Robin Bryan Cheatham, Lisa Newman Sibal, Adams & Reese, New Orleans, for Respondent.

VICTORY, Justice.*

We granted this writ to determine whether the exclusivity provision of the Workers' Compensation Act, as it existed in 1994, precludes employees from recovering punitive damages from their employer under former Louisiana Civil Code article 2315.3 for exposure to hazardous or toxic substances in the course of their employment. We reverse the lower courts' rulings and hold that the exclusivity provision bars such a claim...

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