WITEK v. MORRISEY

No. 97 CA 1288.

712 So.2d 647 (1998)

Eugene WITEK and Bethanie Starr Witek Underwood v. James MORRISEY and Wal-Mart Stores, Inc.

Court of Appeal of Louisiana, First Circuit.

May 15, 1998.


Attorney(s) appearing for the Case

Victor L. Marcello, Gonzales, for Plaintiffs —Appellants.

Frederick R. Campbell, Metairie, for Defendants —Appellees James Morrisey and Wal-Mart Stores, Inc.

Before LOTTINGER, C.J., and SHORTESS and FOGG, JJ.


FOGG, Judge.

The sole issue raised on appeal in this tort case is whether the trial court erred in granting summary judgment holding that Wal-Mart Stores, Inc. was Ruth Witek's statutory employer and thereby exempt from tort liability. For the following reasons, we affirm.

Petitioners, Eugene R. Witek and Bethany Starr Witek Underwood, the husband and daughter of Ruth Witek, filed this suit for personal injuries. Therein, petitioners alleged that, while working...

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