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GUIDRY v. FRANK GUIDRY OIL CO.

Nos. 91 C 0078, 91 C 0111.

579 So.2d 947 (1991)

Mary GUIDRY, et al. v. FRANK GUIDRY OIL COMPANY, et al.

Supreme Court of Louisiana.

Dissenting Opinion May 13, 1991.

Attorney(s) appearing for the Case

Jeffrey M. Bassett, Morrow, Morrow, Ryan & Bassett, Opelousas, for Mary Guidry, et al., plaintiff-applicant.

Gene S. Palmisano, New Orleans, for Exxon Corp. defendant-respondent.

D. Mark Bienvenu, Voohries & Labbe, Lafayette, for Frank Guidry Oil Co., defendant-respondent.

Dissenting Opinion of Justice Hall May 13, 1991.

WATSON, Justice.

This tort suit concerns the death of a 26 year old worker in an explosive fire. Writs were granted to consider the apportionment of fault between the parties and the effect of comparative fault by an employer with tort immunity.

FACTS

On May 13, 1985, at approximately 5:00 a.m., Jessie James Guidry was standing in the bed of a pickup truck filling a 55 gallon drum with diesel...

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