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ZUCCARELLO v. EXXON CORP.

No. 84-3122.

756 F.2d 402 (1985)

Phillip Wayne ZUCCARELLO, David Zuccarello, Allison Zuccarello, Brian Zuccarello, and Iva Faye Smith Zuccarello, Plaintiffs-Appellants, v. EXXON CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 1, 1985.

Attorney(s) appearing for the Case

Durant, Pierce & Malone, A. Clay Pierce, Jr., Baton Rouge, La., for David, Phillip, Brian and Allison Zuccarello.

Donna W. Lee, Baton Rouge, La., for Ivy Zuccarello.

William J. Sommers, Jr., Thomas K. Wetzel, Randall M. Ebner, New Orleans, La., for Exxon.

Before CLARK, Chief Judge, WISDOM, and HIGGINBOTHAM, Circuit Judges.

WISDOM, Circuit Judge:

The plaintiffs sought tort damages for the injuries and death of the decedent, an employee of an independent contractor hired by the defendant Exxon to perform work at Exxon's Baton Rouge, Louisiana refinery. Exxon asserted the defenses of contributory negligence and immunity in tort under La.Rev.Stat.Ann. § 23:1061 as the "statutory employer" of the decedent. The negligence issues were tried to a jury and the statutory employer issue was...

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