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MITCHELL v. INDUSTRIAL FILL MATERIALS, INC.

Nos. 2002 CA 2021, 2002 CA 2022, 2002 CA 2023.

859 So.2d 36 (2003)

Carolyn MITCHELL v. INDUSTRIAL FILL MATERIALS, INC. and Louisiana Workers' Compensation Company. Josie Warner v. Industrial Fill Materials, Inc. and Louisiana Workers' Compensation Company. Joycelyn Phillips v. Industrial Fill Materials, Inc. and Louisiana Workers' Compensation Company.

Court of Appeal of Louisiana, First Circuit.

July 2, 2003.

Attorney(s) appearing for the Case

Mike Dupree and James R. Clary, Jr., Baton Rouge, Counsel for Plaintiffs/Appellants Carolyn Mitchell, Josie Warner and Joycelyn Philips.

Debra Talbot Parker, Baton Rouge, Counsel for Defendant/Appellee Industrial Fill Materials, Inc. and Louisiana Workers' Compensation Corporation.

Denise A. Vinet, Baton Rouge, Counsel for Appellee Ronnie Vallery.

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

CIACCIO, J.

Plaintiffs appeal a directed verdict dismissing their workers compensation claim with prejudice.

FACTS

Truck driver William Georgetown died when the bed of his dump truck fell and crushed him. There were no witnesses to the accident but Georgetown had just reported to Ronnie Vallery that the bed was not working properly.

The mothers of Georgetown's three children, Josie Warner,...

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