SMITH v. MARATHON ASHLAND PETROLEUM LLC

No. 04-CA-517.

887 So.2d 613 (2004)

Robert SMITH v. MARATHON ASHLAND PETROLEUM LLC, Larry Echelber, XYZ Insurance Company, Harmony Corporation a Subsidiary of and/or Turner Industries, Ltd, Gary Doe, DEF Insurance Company, GHI Insurance Company and JKL Insurance Company.

Court of Appeal of Louisiana, Fifth Circuit.

October 26, 2004.


Attorney(s) appearing for the Case

John J. Finckbeiner, Jr., Chalmette, LA, for Plaintiff/Appellant.

William D. Wellons, Donna M. Young, New Orleans, LA, for Defendant/Appellee.

Panel composed of Judges EDWARD A. DUFRESNE, JR., JAMES L. CANNELLA, CLARENCE E. McMANUS.


JAMES L. CANNELLA, Judge.

The Plaintiff, Robert Smith (Smith), appeals from the summary judgment rendered in favor of the Defendants, Marathon Ashland Petroleum LLC (Marathon) and Larry Echelberger (Echelberger), finding that Marathon was a statutory employer. For the reasons which follow, we affirm.

Marathon contracted with Koch TPA, Inc. (Koch) to construct a new sulfur processing facility at Marathon's refinery...

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