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GUILLORY v. DUCOTE

No. 86-405.

509 So.2d 455 (1987)

Thomas J. GUILLORY, Highland Insurance Company (Intervenor), Plaintiff-Appellant, v. Bill DUCOTE d/b/a Alfred Lee Ducote, Archer Construction Company, Inc., General Accident Insurance Company of America, Paul Gobert, Carrol Gobert, Peter Dennis Gobert, d/b/a Gobert Brothers Construction Company, PPG & C Construction Company and Union Indemnity Company of New York, Defendants-Appellees.

Court of Appeal of Louisiana, Third Circuit.

Writ Denied June 5, 1987.

Attorney(s) appearing for the Case

Victor J. Versagi, and Philip A. Fontenot, of Davidson, Meaux, Sonnier & McElligott, Lafayette, for plaintiffs-appellants.

Christopher R. Philipp, of Preis, Kraft, Laborde & Daigle, P.L.C., Lafayette, Robert B. Acomb, III, and James Hanemann, of Hannemann and Assoc., New Orleans, Alfred Lee Ducote, a/k/a Bill Ducot, Baton Rouge, Alfred Octave Pavy, Opelousas, for defendants-appellees.

Before LABORDE and YELVERTON, JJ., and CULPEPPER, J. Pro Tem.

WILLIAM A. CULPEPPER, Judge, Retired, Pro Tem.

The issue presented by this appeal is whether the trial court erred in granting summary judgment holding that the defendant general contractor was plaintiff's statutory employer, and thus immune from plaintiff's tort suit.

During the years 1983 through 1985 Archer Construction Company, Inc. (hereinafter referred to as Archer) was the general construction contractor on a project to build a 400 unit two story condominium...

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