EVANS v. CAJUN ELEC. POWER CO-OP. INC.

No. 84 CA 0345.

471 So.2d 965 (1985)

Jack EVANS v. CAJUN ELECTRIC POWER COOPERATIVE INC., Brown and Root Inc., Lafayette Steel Erector, Inc., and United States Fidelity & Guaranty Company.

Court of Appeal of Louisiana, First Circuit.

June 25, 1985.


Attorney(s) appearing for the Case

Daniel S. Foley, Lawrence A. Arcell, Barker, Boudreaux, Lamy, Gardner & Foley, New Orleans, for Jack Evans, Marietta Jo Evans, and Jerry Todd Brown, plaintiffs-appellants.

James F. Holmes, Christovich & Kearney, New Orleans, for Brown and Root, Inc., defendant.

Nolan J. Edwards, Edwards, Stefanski & Barousse, Crowley, Daniel R. Atkinson, Owen, Richardson, Taylor, Mathew & Atkinson, Baton Rouge, for Lafayette Steel Erector, Inc., defendant.

William A. Norfolk, Taylor, Porter, Brooks & Phillips, Baton Rouge, The Goodyear Tire and Rubber Co., defendant.

John Schwab, Baton Rouge, for Cajun Elec. Power Co-op., defendant.

J. Michael Johnson & Dermot S. McGlinchey, McGlinchey, Stafford, Mintz, & Cellini, PLC, New Orleans, for ITT Grinnell Corp., ITT Grinnell Indus. Piping Co., Inc., ITT Grinnell Valve Co., Inc., defendants-appellees.

Robert D. Hoover, Baton Rouge, for William H. LaDew, Inc., defendant.

John R. Keogh, Keogh, Keogh, Cox & Wilson, Ltd., Baton Rouge, for Safety and Training Services, Inc., defendant.

Louis Leonard Galvis, Sessions, Fishman, Rosenson, Boisfontaine & Nathan, New Orleans, for Bovay Engineers, Inc., defendant-appellee.

Edward W. Gray, Baton Rouge, for Burns and Roe, Inc., defendant.

Melanee Guadin & Robert E. Kerrigan, Jr., Deutsch, Kerrigan & Stiles, New Orleans, for Dyson Conveyor Maintenance Co., defendant-appellee.

Anthony J. Clesi and Tim Tullos, Lane & Clesi, Baton Rouge, U.S. Fidelity & Guar. Co. (U.S.F. & G.), defendant.

No appearance for Bernie Cole, defendant.

Before WATKINS, CRAIN and ALFORD, JJ.


CRAIN, Judge.

This is an appeal from a judgment of the trial court which maintained a motion for summary judgment.

FACTS

On June 23, 1982, Jack Evans allegedly was seriously injured when he fell 70 feet from a coal conveyor extension on which he was working at Cajun Electric Power Cooperative, Inc.'s Big Cajun power plant near New Roads, Louisiana. Evans landed on a welding machine located on the ground, below an open area of the coal conveyor extension...

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