PIERCE v. HOBART CORP.

No. 90-3640.

939 F.2d 1305 (1991)

Joann W. PIERCE, Plaintiff-Appellant, Northbrook Property & Casualty Insurance Company, Intervenor-Appellant, v. HOBART CORPORATION, Defendant, Martin Marietta Corporation a/k/a Martin Marietta Manned Space Systems, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 3, 1991.


Attorney(s) appearing for the Case

Ford T. Hardy, Jr., New Orleans, La., for Pierce.

Dona J. Dew, Chaffe, McCall, Phillips, Toler & Sarpy, New Orleans, La., for Northbrook.

W. Lee Kohler, Robert Emmett Kerrigan, Jr., David P. Gontar, Deutsch, Kerrigan & Stiles, New Orleans, La., for Martin Marietta.

Before POLITZ, JOHNSON, and GARWOOD, Circuit Judges.


POLITZ, Circuit Judge:

Joann W. Pierce appeals an adverse summary judgment dismissing her tort claim against Martin Marietta Corporation (MM) on the ground that the corporation is her statutory employer under pertinent Louisiana law. Concluding that there is a genuine issue of fact whether the contract work at issue was specialized or non-specialized we vacate and remand for further proceedings.

Background

MM contracted with the National Aeronautics...

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