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DARBONNE v. M&M RIGHT OF WAY CONTRACTORS

No. 96-1730.

693 So.2d 299 (1997)

Darrel K. DARBONNE, Plaintiff—Appellant, v. M&M RIGHT OF WAY CONTRACTORS, Defendant—Appellee.

Court of Appeal of Louisiana, Third Circuit.

April 30, 1997.

Attorney(s) appearing for the Case

Anthony Craig Dupre, Ville Platte, for Darrel K. Darbonne.

Jeffrey John Warrens, Baton Rouge, for M&M Right of Way Contractors.

Before YELVERTON, COOKS and GREMILLION, JJ.

YELVERTON, Judge.

In this workers' compensation case, we must decide if Darrel Darbonne is precluded from filing a disputed claim against his employer, M & M Right of Way Contractors (M & M), because Darbonne had already filed suit and won a judgment against a third party tortfeasor without giving notice to his employer.

FACTS

On October 11, 1994, Darbonne was injured when his automobile was rear-ended by Marion O'Hanlon, the third party...

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