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GARDNER v. KOSTMAYER & ASSOCIATES, INC.

No. 94-CA-65.

638 So.2d 434 (1994)

Lori GARDNER v. KOSTMAYER & ASSOCIATES, INC. et al.

Court of Appeal of Louisiana, Fifth Circuit.

May 31, 1994.

Attorney(s) appearing for the Case

A. Wayne Stewart & Associates, Albany, for plaintiff/appellant.

David F. Bienvenu, Paula Marcello Wellons, New Orleans, for defendant/appellee Kostmayer & Associates, Inc.

Louis C. Lacour, Jr., A. Kirk Gasperecz, Adams & Reese, New Orleans, for defendant/appellee Harnischfeger Industries, Inc.

Before GAUDIN, GRISBAUM and GOTHARD, JJ.

GOTHARD, Judge.

This is an appeal by the plaintiff of a trial court's granting of summary judgment in favor of the defendant. For the following reasons, we reverse and remand.

FACTS

On February 11, 1984, Robert Horace Gardner, (Horace) while performing his duties for his employer, defendant/appellee, Kostmayer & Associates, Inc. (Kostmayer), was killed when he was knocked off a steel structure being constructed near Gramercy, Louisiana, on the...

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