WEINNIG v. BROWN & ROOT, INC.

No. 82-CA-154.

428 So.2d 1199 (1983)

James D. WEINNIG, Jr., Individually and on Behalf of His Minor Children, Allison Theresa Weinnig and James Dennis Weinnig v. BROWN & ROOT, INC., Highlands Insurance Co., George Staggs, Gene Hembre, Kevin Riggins, Joe Burkes, and Rebel Crane and Service Co., Inc., and ABC Insurance Co.

Court of Appeal of Louisiana, Fifth Circuit.

Rehearing Denied April 18, 1983.


Attorney(s) appearing for the Case

Fred L. Herman, New Orleans, Ronald P. Thibodeaux, Gretna, for plaintiff-appellant.

Lisa W. Wall, Paul G. Preston, New Orleans, for defendants-appellees.

Before CHEHARDY, BOWES and DUFRESNE, JJ.


DUFRESNE, Judge.

This appeal stems from the trial court's dismissal of plaintiff's tort suit on a motion for summary judgment. The issue presented in this tort suit is the validity of the summary judgment granted by the trial court declaring that plaintiff's exclusive remedy is under the worker's compensation statute.

This case arises out of the work related accident and subsequent death of Theresa Weinnig. While decedent was under the employ of Brown &...

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