LEE v. GAFFNEY CONST. CO.

No. 85-CA-170.

474 So.2d 994 (1985)

Leo LEE v. GAFFNEY CONSTRUCTION COMPANY, et al.

Court of Appeal of Louisiana, Fifth Circuit.

Rehearing Denied September 17, 1985.

Writ Denied November 1, 1985.


Attorney(s) appearing for the Case

Norman Mopsik, New Orleans, for plaintiff-appellee.

Charles R. Capdeville, Metairie, for defendants-appellants.

Before CHEHARDY, CURRAULT and DUFRESNE, JJ.


CHEHARDY, Judge.

Gaffney Construction Company and its worker's compensation insurer, Fidelity and Casualty Company of New York, appeal a judgment finding plaintiff, Leo Lee, totally and permanently disabled by an eye injury he incurred in a scuffle with a fellow employee.

On appeal defendants assert that Lee is ineligible for worker's compensation benefits because his injury is the result of willful misconduct and the intention to injure another; alternatively...

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