PHAM v. CONTICO INTERN., INC.

No. 99-CA-945.

759 So.2d 880 (2000)

Hong PHAM & Kim Oanh Nguyen v. CONTICO INTERNATIONAL, INC., Contico Manufacturing Company, Lester Miller, Advance Polybag, Inc. & Alpine Plastics, Inc.

Court of Appeal of Louisiana, Fifth Circuit.

March 22, 2000.


Attorney(s) appearing for the Case

Frank J. D'Amico, Jr., A. Spencer Gulden, New Orleans, Louisiana, Attorneys for Plaintiffs/Appellants.

Joseph B. Guilbeau, Colleen E. Boyle, Metairie, Louisiana, Attorney for Defendants/Appellees.

Panel composed of Judges CHARLES GRISBAUM, Jr., THOMAS F. DALEY and MARION F. EDWARDS.


DALEY, Judge.

Does a workers' compensation claimant have a cause of action in tort against his employer for spoliation of evidence to be used against a third party in a tort suit? The district court said no, and granted the defendant employer's Motion for Summary Judgment. This appeal follows.

Plaintiff, Hong Pham, alleges in his petition that he was injured in the course and scope of his employment with Alpine Plastics, Inc., on June 19, 1997, when he leaned...

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