DAVENPORT v. AMAX NICKEL, INC.

No. 90-CA-0289.

569 So.2d 23 (1990)

Robert DAVENPORT v. AMAX NICKEL, INC., et al.

Court of Appeal of Louisiana, Fourth Circuit.

Writ Denied January 4, 1991.


Attorney(s) appearing for the Case

Jeffrey M. Boudreaux, Weigand, Weigand & Meyer, Houma, for plaintiff/appellant.

Brian J. Waid, Bubrig and Waid, Buras, for MAB Intern., Inc., defendant/appellant.

Joseph B. Guilbeau, Dean A. Sutherland, Sutherland, Juge, Horack & Dwyer, New Orleans, for defendants/appellees.

Before GARRISON, BARRY and CIACCIO, JJ.


BARRY, Judge.

Robert Davenport, a welder, was injured when scaffolding collapsed at the Amax Nickel plant in Braithwaite. Davenport sued Amax and John Buckhannon, an Amax supervisor, alleging negligence, and Amax based on strict liability. Amax filed a third party claim against the contractor, MAB International, Inc., based on an indemnification contract. MAB filed an exception of no cause of action, claiming that indemnification would not accrue unless Amax was found...

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