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BILLIOT v. BP OIL CO.

No. 92-CA-1634.

617 So.2d 28 (1993)

William A. BILLIOT, Plaintiff/Appellant, v. BP OIL COMPANY and Janie Wingard, Defendants/Appellees.

Court of Appeal of Louisiana, Fourth Circuit.

Writ Granted June 18, 1993.

Attorney(s) appearing for the Case

Michael L. Mullin, New Orleans, for plaintiff/appellant.

S. Gene Fendler and Mark D. Latham, Liskow & Lewis, New Orleans, for defendants/appellees.

Before KLEES, BYRNES and LOBRANO, JJ.

LOBRANO, Judge.

William A. Billiot, plaintiff, appeals the dismissal of his lawsuit against BP Oil Company on a motion for summary judgment.

The issue presented for our review is whether the exclusivity provisions of Louisiana Worker's Compensation Act (LWCA) preclude an employee from recovery under Civil Code Article 2315.3, which provides for punitive damages in the handling of hazardous materials. The answer to this question involves a policy determination...

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