BURT v. DUNHAM-PRICE INC.

No. 88-546.

549 So.2d 912 (1989)

John F. BURT III, etc., Plaintiffs-Appellants, v. DUNHAM-PRICE INC., et al., Defendants-Appellees.

Court of Appeal of Louisiana, Third Circuit.

Writ Denied December 1, 1989.


Attorney(s) appearing for the Case

Russell T. Tritico, Lake Charles, for plaintiffs-appellants.

Plauche, Smith, Allen L. Smith, Larry A. Roach, Lake Charles, for defendants-appellees.

Guillory & McCall, Wm. T. McCall, Lake Charles, for intervenor-appellant.

Before GUIDRY, LABORDE and KNOLL, JJ.


KNOLL, Judge.

John F. Burt, III, individually and as the natural tutor of his minor son, John F. Burt IV, appeals the dismissal of their tort claims against Dunham-Price, Inc., and its employee, J. C. Mobley on a motion for summary judgment. The trial court found that Dunham-Price was not Burt's employer, and that as a matter of law neither Dunham-Price nor Mobley were liable to them under a duty/risk analysis.

Burt contends on appeal that the trial court...

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