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ARDOIN v. BASF WYANDOTTE CORP.

No. CA 87 0489.

525 So.2d 684 (1988)

Joseph ARDOIN, Jr. v. BASF WYANDOTTE CORPORATION.

Court of Appeal of Louisiana, First Circuit.

May 17, 1988.

Attorney(s) appearing for the Case

Thomas Duplantier, Lafayette, for Joseph Ardoin appellant-plaintiff.

Edward W. Gray and Vincent P. Fornais, Baton Rouge, for BASF Wyandotte appellee-defendant.

John P. Wolff, III, Lafayette, for Zurich American Ins. Co. appellee-intervenor.

Daniel R. Atkinson, Baton Rouge, for Nat. Maintenance Corp. appellee third-party defendant.

John G. Swift, Lafayette, for Anco Insulators appellee third-party defendant.

Before COVINGTON, SAVOIE and LeBLANC, JJ.

LeBLANC, Judge.

The issue presented in this tort suit is whether plaintiff is the "statutory employee" of defendant. See La.R.S. 23:1061. After examining the evidence in this record pursuant to the three level analysis enunciated in Berry v. Holston Well Service, Inc., 488 So.2d 934 (La.1986), we find that the record does not clearly establish whether plaintiff is defendant's statutory employee. Therefore, we reverse the...

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