JOSEPH v. TEXACO, INC.

No. 84-CA-459.

466 So.2d 575 (1985)

Ella Mae JOSEPH v. TEXACO, INC. and Barnard & Burk Plant Services.

Court of Appeal of Louisiana, Fifth Circuit.

March 11, 1985.


Attorney(s) appearing for the Case

Warren D. Ponder, Gladney & Ponder, Baton Rouge, for Ella Mae Joseph plaintiff-appellant.

L. Michael Cooper, Durrett, Harein, Hunter, Dameron & Fritchie, Baton Rouge, for Barnard & Burk Plant Services, Inc. defendant-appellee.

Timothy W. Cerniglia, New Orleans, for Texaco, Inc. defendant-appellee.

Before BOUTALL, CURRAULT and GAUDIN, JJ.


BOUTALL, Judge.

Plaintiff appeals the dismissal of her damage suit on exceptions of no cause of action and no right of action. At issue is whether the trial court erred in dismissing the action under the exclusivity provisions of the Workers' Compensation Law, R.S. 23:1032, and in finding that Texaco, Inc. was plaintiff's husband's statutory employer, R.S. 23:1061. We reverse in part and affirm in part for the reasons set forth below.

Ella Mae Joseph filed...

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