MARTINEZ v. DIXIE BREWING CO., INC.

No. CA-2249.

463 So.2d 628 (1984)

Mrs. Petrona MARTINEZ v. DIXIE BREWING COMPANY, INC., and Home Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied February 26, 1985.

Writ Denied April 19, 1985.


Attorney(s) appearing for the Case

William R. Seay, Jr., Metairie, for appellant.

J. Paul Demarest, New Orleans, for appellees.

Before GULOTTA, KLEES and ARMSTRONG, JJ.


GULOTTA, Judge.

In this worker's compensation suit, the defendant employer and its insurer appeal from a judgment awarding death benefits, penalties and attorney's fees to the surviving parents of an employee who died following a job-related fight with his co-worker. Because we conclude the trial judge erred in failing to find that the death was caused by the decedent's willful intention to injure his fellow worker, we reverse the judgment and disallow recovery pursuant...

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