INSURANCE COMPANY OF NORTH AMERICA v. GAYLORD CONTAINER CORP.

No. 99 CA 0904, 99 CA 0905.

764 So.2d 1214 (2000)

INSURANCE COMPANY OF NORTH AMERICA v. GAYLORD CONTAINER CORPORATION and XYZ Insurance Company. Johnny LaBauve v. Gaylord Container Corporation and XYZ Insurance Company.

Court of Appeal of Louisiana, First Circuit.

June 23, 2000.


Attorney(s) appearing for the Case

Gina Puleio Campo, New Orleans, Counsel for Plaintiff—Appellant—Insurance Company of North America.

Arthur J. Brewster, Metairie, Counsel for Plaintiff—Appellant—Johnny LaBauve.

Craig J. Robichaux, Bogalusa, Counsel for Defendant—Appellee—Gaylord Container Corporation.

Before: GONZALES, FITZSIMMONS, and WEIMER, JJ.


FITZSIMMONS, J.

Appellants, Murphy Johnny LaBauve ("LaBauve")1 and Insurance Company of North America, the workers' compensation insurer for V.P. Fairley (LaBauve's employer), appeal from a summary judgment granted in favor of Gaylord Container Corporation ("Gaylord"). The trial court found that a two-contract statutory employer relationship existed between La-Bauve and Gaylord, which entitled Gaylord to tort immunity from LaBauve's personal...

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