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BAZLEY v. TORTORICH

No. 67318.

397 So.2d 475 (1981)

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

Supreme Court of Louisiana.

February 26, 1981.

Attorney(s) appearing for the Case

Melvin W. Mathes, Beard, Blue, Schmitt, Mathes, Koch & Williams, New Orleans, for defendant-applicant.

Steven M. Koenig, Heisler, Wysocki & deLaup, John J. McCann, McCann and Volk, New Orleans, for plaintiffs-respondents.

Mark C. Suprenant, Thomas J. Wyllie, Adams & Reese, New Orleans, Charles Hanemann, Henderson, Hanemann & Morris, Houma, John C. Combe, Jr., John G. Gomila, Jr., Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, Randall G. Wells, Avant, Wall, Thomas, Riche & Falcon, Baton Rouge, Marvin C. Grodsky, Melvin W. Mathes, Beard, Blue, Schmitt, Mathes, Koch & Williams, New Orleans, Felix R. Weill, Robert L. Roland, Watson, Blanche, Wilson & Posner, Baton Rouge, Wayne Shullaw, Harmon F. Roy, Mouton, Roy, Carmouche, Bivins & Kraft, Lafayette, amicus curiae.

DENNIS, Justice.

This case presents the question of whether the worker's compensation statute, La.R.S. 23:1032 as amended by Act 147 of 1976, constitutionally makes compensation an employee's exclusive remedy for a work-related injury caused by a co-worker, except for a suit based on an intentional tort. The trial court sustained an exception of no cause of action to plaintiff's suit against his fellow employee because he alleged that the co-worker was guilty of negligence...

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