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POSTON v. DAVIS

No. 83 CA 0806.

451 So.2d 1295 (1984)

Joseph Franklin POSTON v. Charlie Dean DAVIS, et al.

Court of Appeal of Louisiana, First Circuit.

June 26, 1984.

Attorney(s) appearing for the Case

Robert D. Hoover, Baton Rouge, for plaintiff-appellant Joseph Franklin Poston.

John W. Perry, Jr., Baton Rouge, for defendants-appellees Charlie Dean Davis, Buddy Eaton, Nu-Way Const. Services, Inc., and Aetna Cas. and Sur. Co.

Before PONDER, WATKINS and CARTER, JJ.

PONDER, Judge.

Plaintiff appeals the judgment dismissing his suit on defendants' peremptory exception of no cause of action.

The only issue is whether plaintiff's petition states a cause of action in tort under the intentional act exception to the Worker's Compensation Act tort immunity provided by LSA-R.S. 23:1032.1

We reverse and remand.

Plaintiff filed suit for damages against his employer, Nu-Way Construction...

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