STEPHENS v. WITCO CORP.

No. 98-30955.

198 F.3d 539 (1999)

Larry J. STEPHENS and Charlene Stephens, Plaintiffs-Appellants, v. WITCO CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied January 25, 2000.


Attorney(s) appearing for the Case

Michael H. Piper, III, Metairie, LA, Charles Scott LaBarre, Gauthier, Downing, LaBarre, Beiser & Dean, New Orleans, LA, for Plaintiffs-Appellants.

S. Gene Fendler, Carol Welborn Reisman, Kyle Patrick Polozola, Liskow & Lewis, New Orleans, LA, for Defendant-Appellee.

Before EMILIO M. GARZA and PARKER, Circuit Judges, and COBB, District Judge.


ROBERT M. PARKER, Circuit Judge:

Plaintiffs Larry Stephens ("Stephens") and his wife Charlene Stephens appeal the summary judgment rendered in favor of defendant Witco Corporation ("Witco"). We reverse and remand to the district court.

I. FACTS AND PROCEDURAL HISTORY

On April 1, 1996, Stephens was seriously injured in an explosion and fire while he was supervising a crew engaged in replacing a steel bar joist in an epoxy tank at a Louisiana...

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