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STELLY v. OVERHEAD DOOR CO. OF B.R.

No. 94-C-0569.

646 So.2d 905 (1994)

Joseph STELLY and Patsy Stelly v. OVERHEAD DOOR COMPANY OF BATON ROUGE, et al.

Supreme Court of Louisiana.

Dissenting Opinion December 12, 1994.

Rehearing Denied February 2, 1995.

Attorney(s) appearing for the Case

Patrick C. Morrow, Sr., James S. Gates, Opelousas, for applicant.

Graham N. Smith, Onebane, Donohoe, Bernard, Torian, Diaz, McNamara & Abell, Cyd Sheree Page, Voorhies & Labbe, Lafayette, Charles A. Schutte, Jr., Mathews, Atkinson, Guglielmo, Marks & Day, Baton Rouge, H. Douglas Hunter, Guglielmo, Lopez, Tuttle, Hunter & Jarrell, Opelousas, for respondent.

Lawrence S. Kullman, New Orleans, for Louisiana Trial Lawyers Ass'n, amicus curiae.

Dissenting Opinion of Chief Justice Calogero December 12, 1994.

FELICIA TONEY WILLIAMS, Judge Pro Tem.1

The issue in this tort action is whether an employee injured at work by a defective condition of the building is prohibited by LSA-R.S. 23:10322 from maintaining an unintentional tort action against his employer when the employer contractually assumed the building owner's liability for vices and defects...

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