PRESTENBACH v. RAINS

No. 92-4934.

4 F.3d 358 (1993)

Wayne M. PRESTENBACH and Jane B. Prestenbach, Plaintiffs-Appellants, and Texas Eastern Transmission Corporation and Texas Eastern Gas Pipeline Co., Intervenors-Plaintiffs-Appellants, v. David RAINS, et al., Defendants, Maryland Casualty Co., Taylor Technical Services, and Northern Ins. Co., of New York, Defendants-Intervenors-Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 14, 1993.


Attorney(s) appearing for the Case

Rudie R. Soileau, Jr., John B. Scofield, H. David Vaughn, II, Scofield, Gerard, Veron, Hoskins & Soileau, Lake Charles, LA, for Prestenbach et al.

James B. Doyle, Elizabeth L. Guglielmo, Woodley, Williams, Fenet, Palmer, Boudreau & Norman, Lafayette, LA, for Texas Eastern Transmission and Texas Eastern Gas Pipeline.

John K. Hill, Jr., David R. Rabalais, Hill & Beyer, Lafayette, LA, for Maryland Cas. Co.

Before JOHNSON, JOLLY and JONES, Circuit Judges.


EDITH H. JONES, Circuit Judge:

The Prestenbachs, plaintiffs, and the employer-intervenor, Texas Eastern Transmission Corporation, appeal from a judgment awarding plaintiffs 10% of Wayne Prestenbach's damages caused by a work-related accident. Among the various points raised on appeal by these parties, two are significant: whether under La.Civ.Code art. 2324 B the question of Texas Eastern's negligence should have gone to the jury, and how the statute meant to apportion...

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