BERTRAM v. FREEPORT McMORAN, INC.

No. 93-7575.

35 F.3d 1008 (1994)

Hugh Thomas BERTRAM, Plaintiff, v. FREEPORT McMORAN, INC., et al., Defendants. HOUMA INDUSTRIES, INC., Defendant-Appellant, v. ENERGY CATERING SERVICES, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 7, 1994.


Attorney(s) appearing for the Case

Carrie Weitinger, Don Weitinger, Weitinger & Weitinger, Houston, TX, for appellant.

J. Daniel Picou, Morgan J. Wells, Jr., Leininger, Larzelere & Picou, Metairie, LA, for appellees.

Before POLITZ, Chief Judge, and DUHÉ and BARKSDALE, Circuit Judges.


RHESA HAWKINS BARKSDALE, Circuit Judge:

Primarily in issue are (1) whether an employer's right to be reimbursed by third-party tortfeasors for maintenance and cure paid by the employer to its injured employee is barred by the employee's pre-trial settlements with the third-parties; and, (2) in that the employer was not assigned fault, but the employee was, resulting in the third-party tortfeasors' apportioned fault totalling less than 100%, whether the maintenance...

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