MOSES v. VULCAN MATERIALS CO.

No. 13422.

388 So.2d 117 (1980)

Thaddeus Eugene MOSES v. VULCAN MATERIALS COMPANY et al.

Court of Appeal of Louisiana, First Circuit.

As Amended July 28, 1980.

Writ Refused October 20, 1980.


Attorney(s) appearing for the Case

Walter C. Dumas, Baton Rouge, for plaintiff-appellant Thaddeus Eugene Moses.

Vincent Fornias, Baton Rouge, for defendant-appellee Transportation Insurance Company.

Stephen Vogt and Emile C. Rolfs, III, Baton Rouge, for defendant-appellee Vulcan Materials Company.

Before EDWARDS, LEAR and WATKINS, JJ.


LEAR, Judge.

We are confronted with the question of whether plaintiff-appellant, Thaddeus Eugene Moses, is the statutory employee of defendant-appellee, Vulcan Materials Company, and thereby precluded from bringing a tort action based upon an industrial accident.

The pleadings, affidavit and deposition before us reveal no dispute as to any material fact. The trial court granted summary judgment in favor of the defendant-appellee. We affirm.

Appellant...

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