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DAVIS v. SPECIALTY DIVING, INC.

Nos. 98 CA 0458, 98 CA 0459.

740 So.2d 666 (1999)

Terry Carson DAVIS v. SPECIALTY DIVING, INC., XYZ Insurance Company, Gene Lane, ABC Insurance Company, and Deborah Wallace. Mary Jane Duncan, et al. v. Specialty Diving, Inc., XYZ Insurance Company, Gene Lane, ABC Insurance Company, and Deborah Wallace.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied May 25, 1999.

Writ Denied October 8, 1999.

Attorney(s) appearing for the Case

Dan D. Schaneville, Jr., Baton Rouge, Counsel for plaintiff/2nd appellant, Mary Jane Duncan.

Corbett Ourso, Hammond, Counsel for plaintiff, Terry Carson Davis.

Richard Vale, Metairie, Counsel for defendant/1st appellant, Specialty Diving, Inc.

R. Joshua Koch, Metairie, Counsel for defendant, Deborah Wallace.

Before: CARTER, C.J., SHORTESS and WHIPPLE, JJ.

WHIPPLE, J.

This is an appeal from a judgment, granting in part and denying in part the motion for summary judgment filed by defendant, Specialty Diving, Inc. ("Specialty Diving"). Both plaintiff, Mary Jane Duncan, and Specialty Diving appeal. For the following reasons, we reverse in part.

FACTS AND PROCEDURAL HISTORY

On September 6, 1995, Timothy Davis, an employee of Specialty Diving, drowned while on Specialty Diving's premises. Davis and a co...

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