TRAVELERS INS. CO. v. SOUTHWESTERN TRANSP. CO.

No. 17196-Ca.

476 So.2d 905 (1985)

The TRAVELERS INSURANCE COMPANY, Plaintiff-Appellant, v. SOUTHWESTERN TRANSPORTATION COMPANY, Defendant-Appellee, Russell Fields, Intervenor-Appellant.

Court of Appeal of Louisiana, Second Circuit.

Rehearings Denied October 24, 1985.

Writ Granted December 20, 1985.


Attorney(s) appearing for the Case

Blanchard, Walker, O'Quin & Roberts by Roy S. Payne, Shreveport, for plaintiff-appellant.

Rogers & White by David L. White, Bossier City, for intervenor-appellant.

Wilkinson, Carmody & Gilliam, by Jerald N. Jones, Shreveport, for defendant-appellee.

Before MARVIN, JASPER E. JONES and SEXTON, JJ.


MARVIN, Judge.

The employer's worker's compensation insurer and the employee who was paid compensation appeal a judgment rejecting their demands for damages which arose when the employee stepped through a hole in the floor of defendant's truck after he was shown and warned about the hole.

The issues concern defenses which may avoid fault under CC Arts. 2315 and 23171 before the adoption...

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