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CLAY v. INTERNATIONAL HARVESTER CO.

No. 95-1572.

674 So.2d 398 (1996)

Calvin CLAY, Jr., Plaintiff-Appellant, v. INTERNATIONAL HARVESTER COMPANY, et al., Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied June 26, 1996.

Attorney(s) appearing for the Case

Allen Roy Ingram, Lafayette, for Calvin Clay Jr.

Michael M. Noonan, Paul McConnell Batiza, New Orleans, for Case Corporation.

Robert Murray Mahony, Lafayette, for Huval Tractor, Inc.

John Felton Blackwell, Dennis Ray Stevens, New Iberia, for Herman Louviere and Sons Inc.

Before DOUCET, C.J., and SULLIVAN and GREMILLION, JJ.

SULLIVAN, Judge.

On June 21, 1989, plaintiff-appellant, Calvin Clay, Jr., a farm laborer, fractured his pelvis and a lumbar transverse process when hit by a flat chopper implement attached to the rear of a 1985 Case model 3294 tractor. The accident occurred at Hope Plantation near Jeanerette, Louisiana. At the time of the accident, Clay was in the course and scope of his employment with Herman Louviere and Sons, a sugar cane farming business.

The accident...

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