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HAYES v. MOSS

No. CA-8527.

527 So.2d 373 (1988)

Ella P. HAYES and James E. Hayes v. Katherine R. MOSS, Camille M. Tebo, United States Fidelity & Guaranty Company, National Fire Insurance Company of Hartford and Continental Casualty Company.

Court of Appeal of Louisiana, Fourth Circuit.

May 31, 1988.

Attorney(s) appearing for the Case

H. Edward Sherman, New Orleans, for appellee—Ella P. Hayes and James E. Hayes.

James F. Ryan, Al M. Thompson, Jr., Hulse, Nelson & Wanek, New Orleans, for appellant—Nat. Fire Ins. Co. of Hartford.

Before BARRY, KLEES and PLOTKIN, JJ.

BARRY, Judge.

The issues in this personal injury suit concern a domestic employee's coverage under our workmen's compensation laws and the factual determination of negligence.

On Carnival day (February 15, 1983) Ella Hayes went to work at Camille Tebo's home about 7:00 a.m. Tebo is an invalid who needs around-the-clock assistance. Shortly after Hayes arrived the two night sitters left and she realized that no other employee was present, though normally two...

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