FIORITA v. ELECTRIC COAL CO.

No. CA 1841.

460 So.2d 4 (1984)

John K. FIORITA v. ELECTRIC COAL COMPANY, the VESSEL ABC and the XYZ Company (Electro-Coal Transfer Corporation).

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied December 27, 1984.

Writ Denied February 15, 1985.


Attorney(s) appearing for the Case

Herbert Ball Bowers, III, New Orleans, for plaintiff-appellant.

Russell M. Cornelius, Normann & Normann, New Orleans, for defendant-appellee.

Before REDMANN, C.J., and GARRISON and KLEES, JJ.


GARRISON, Judge.

Plaintiff, John Fiorita, was injured on May 8, 1979 while egressing from the vessel ABC onto a dock operated by the Electro-Coal Transfer Corporation. Plaintiff filed a petition for damages under maritime and tort law on May 8, 1980 in the Twenty-Fifth Judicial District Court in Plaquemines Parish. In this petition, plaintiff incorrectly named the "Electric Coal Company" as a defendant. The correct name of this party is the "Electro-Coal Transfer...

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