AUSTIN v. PASCARELLI

No. 88-C-1596.

531 So.2d 550 (1988)

Donna AUSTIN v. Joseph PASCARELLI, et al.

Court of Appeal of Louisiana, Fourth Circuit.

August 30, 1988.


Attorney(s) appearing for the Case

William G. Cherbonnier, Jr., Dwight Doskey, Cherbonnier, Ohlmeyer & Doskey, Harvey, for relator, A. Copeland Enterprises, Inc.

Hampden R. White, Mathews, Atkinson, Guglielmo, Marks & Day, Baton Rouge, for respondents, A. Copeland Enterprises, Inc., and the Louisiana Ins. Guar. Ass'n.

Before BARRY, CIACCIO and ARMSTRONG, JJ.


CIACCIO, Judge.

The trial court erroneously applied the provisions of La.R.S. 9:3921 in granting a summary judgment dismissing the third party demand of the employer, A. Copeland Enterprises, Inc. and its insurer.

The trial court may have been mislead by the incorrect quote of La.R.S. 9:3921 contained in Pascarelli's motion for summary judgment. The correct wording of La.R.S. 9:3921 differs dramatically from that contained in the motion and we can find no...

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