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WELLS v. STATE THROUGH DEPT. OF HIGHWAYS

No. 83 CA 0706.

450 So.2d 1027 (1984)

June WELLS, Individually And As Administratrix of the Estate of Steve W. Wells, W.A. Wells, Kenneth E. Wells, Steve Wells, Jr., and Carol Wells v. STATE of Louisiana Through DEPARTMENT OF HIGHWAYS, Police Jury of Washington Parish, Vi-Con, Incorporated and Reliance Insurance Company.

Court of Appeal of Louisiana, First Circuit.

May 30, 1984.

Attorney(s) appearing for the Case

Frank E. Lamothe, III, Michael W. Robinson, New Orleans, for plaintiff-appellant Wells, et al.

George Lamarca, and E. John Litchfield, New Orleans, for defendant-appellee Reliance Ins. & ViCon, Inc.

John W. King, Atty., D.O.T.D., Legal, Baton Rouge, for appellee Dept. of Transp. and Development.

H.R. Alexander, 22nd Jud. Dist. Court and Wm. J. Knight, Asst. Dist. Attys., for appellee Washing Parish Police Jury.

Before PONDER, WATKINS and CARTER, JJ.

WATKINS, Judge.

This is a tort suit by plaintiffs, the surviving children of Steve Wells, against defendants ViCon, Inc., and its insurer, Reliance Insurance Company. Defendants moved for summary judgment alleging that ViCon was the statutory employer of Steve Wells and that plaintiffs' exclusive remedy was in workers' compensation. The trial court granted the motion for summary judgment and plaintiffs appeal. Finding no genuine issue of material fact, we affirm....

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