STELLY v. OVERHEAD DOOR CO.

No. 93-278.

631 So.2d 698 (1994)

Joseph STELLY, et ux., Plaintiffs-Appellants, v. OVERHEAD DOOR CO. OF BATON ROUGE, et al., Defendants-Appellees.

Court of Appeal of Louisiana, Third Circuit.

February 2, 1994.


Attorney(s) appearing for the Case

Patrick Craig Morrow Sr., James Steven Gates, Opelousas, for Joseph Stelly, et ux.

Charles A. Schutte Jr., Baton Rouge, Cyd Sheree Page, Lafayette, for Overhead Door Co. of Baton Rouge, et al.

H. Douglas Hunter, Opelousas, for Elvin Ortego and United Parcel Services, Inc.

Before GUIDRY, DOUCET, KNOLL and SAUNDERS, JJ., and BERTRAND, J. Pro Tem.


GUIDRY, Judge.

This is a tort action by an employee against his employer for personal injury caused by an alleged defect in the work premises. The fact scenario involves an employer-lessee who leased the work premises from a third party-lessor, and contractually assumed liability under La.R.S. 9:3221 for defects in the premises. The single issue on appeal is whether the employer, under this fact scenario, remains statutorily immune from tort under La.R.S. 23:1032...

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