SMITH v. TANNER HEAVY EQUIP. CO., INC.

No. 2001-C-0886.

790 So.2d 615 (2001)

Robert L. SMITH v. TANNER HEAVY EQUIPMENT CO., INC.

Supreme Court of Louisiana.

Rehearing Denied September 21, 2001.


PER CURIAM.*

Plaintiff was injured in the course and scope of his employment when dirt or asphalt fell on him while he was working in a ditch. He filed a tort suit against his employer, claiming that he was the victim of an intentional tort for purposes of the intentional act exclusion of the Workers' Compensation Act. The trial judge granted summary judgment in favor of the defendant, finding that the conduct complained of did not rise...

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