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BAZLEY v. TORTORICH

No. 10757.

380 So.2d 727 (1980)

Sidney BAZLEY v. Sordo TORTORICH, Aetna Life and Casualty Co., and Fireman's Fund Insurance Companies.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied March 17, 1980.

Attorney(s) appearing for the Case

Steven M. Koenig, New Orleans, for plaintiff-appellant.

Beard, Blue, Schmitt, Mathes, Koch & Williams, Melvin W. Mathes, New Orleans, for Fireman's Fund Ins. Companies, defendant-appellee.

McCann & Volk, John J. McCann, New Orleans, amicus curiae on behalf of Academy of New Orleans Trial Lawyers.

Before GULOTTA, CHEHARDY and HOOD, JJ.

CHEHARDY, Judge.

This is a case in tort wherein Sidney Bazley sues Fireman's Fund Insurance Companies (the insurer of a co-employee of the plaintiff), Sordo Tortorich and his insurer (Aetna Life & Casualty Co.) for personal injuries sustained as a result of an accident.

The district court sustained the defendant Fireman's Fund's exception of no cause of action on the ground that Mr. Bazley's exclusive remedy is under the Louisiana Workmen's Compensation...

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