GOMEZ v. FARMERS EXPORT CO.

No. 9316.

363 So.2d 538 (1978)

Anthony GOMEZ, Jr. v. FARMERS EXPORT COMPANY et al.

Court of Appeal of Louisiana, Fourth Circuit.

September 12, 1978.


Attorney(s) appearing for the Case

Jackson & Hess, Leonard A. Washofsky, New Orleans, for plaintiff-appellant.

Jones, Walker, Waechter, Poitevent, Carrere & Denegre, Claude D. Vasser, New Orleans, for defendants-appellees, Farmers Export Co. and Travelers Ins. Co.

Michael W. Fontenot, Jefferson, for intervenor, THE Hartford Ins. Group.

Before LEMMON, GULOTTA, STOULIG, BEER and GARRISON, JJ.


GULOTTA, Judge.

Plaintiff, a sheet metal worker, appealing contends the trial judge erred in dismissing, on an exception of no right of action, his tort suit against defendant, the operator of a grain elevator, for damages sustained while installing antipollution sheet metal dustcovers.

The basis of the trial judge's action is that defendant is a statutory employer under LSA-R.S. 23:1061 and plaintiff's exclusive remedy is in workmen's compensation.

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