GREEN v. POPEYE'S INC.

No. 91-1310.

619 So.2d 69 (1993)

Victor G. GREEN, et al., Plaintiffs-Appellants, v. POPEYE'S INC., et al., Defendants-Appellees.

Court of Appeal of Louisiana, Third Circuit.

March 10, 1993.


Attorney(s) appearing for the Case

Saloom & Saloom, Kaliste J. Saloom, III, Lafayette, for plaintiffs-appellants.

Onebane, Donohoe, Bernard, Torian, Diaz, McNamara & Abell, Mark L. Riley, Lafayette, for defendant-appellee (Liberty Mutual).

Mathews, Atkinson, Guglielmo, Marks & Day, Charles A. Schutte, Jr., Baton Rouge, for C.M. Miciotto & Son.

Raggio, Cappel, Chozen & Berniard, Stephen Berniard, Lake Charles, for Dugas Partnership.

Allen & Gooch, Arthur I. Robison, Nora M. Stelly, Lafayette, for Popeye's.

Roy, Carmouche, Bivins, Judice, Henke & Breaud, Harmon F. Roy, Philip E. Roberts, Lafayette, for Aetna.

Before LABORDE, THIBODEAUX and WOODARD, JJ.


WOODARD, Judge.

This appeal arises out a suit for damages from an accident where Mark Green, a construction laborer, fell through a hole in the roof of a Popeye's building while attempting to remove metal sheets covering the holes.

The issues on appeal are (1) whether the trial court erred in finding Miciotto was the statutory employer of Mark Green; (2) whether the trial court erred in finding Mark Green was not a borrowed employee; (3) whether the trial...

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