GIORGIO v. ALLIANCE OPERATING CORP.

Nos. 2003-CA-1832, 2003-CA-1834.

886 So.2d 1283 (2004)

Leon L. GIORGIO, Jr. v. ALLIANCE OPERATING CORPORATION, Gulfstream Resources, Inc., Burlington Resources, et al., Chevron USA, Inc., Superior Oilfield Services, Inc., State of Louisiana, Through its Department of Natural Resources, Lloyds Underwriters at Lloyds, et al. Jacques A. Sanborn v. Alliance Operating Corporation, Gulfstream Resources, Inc., Burlington Resources, et al., Chevron USA, Inc., Superior Oilfield Services, Inc., State of Louisiana, Through its Department of Natural Resources, Lloyds Underwriters at Lloyds, et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied December 3, 2004.


Attorney(s) appearing for the Case

Daniel L. Dysart, Paul A. Tabary III, Leonce J. Malus III, Dysart & Tabary, L.L.P., Chalmette, Louisiana, for Plaintiff/Appellee, Jacques A. Sanborn.

David L. Colvin, David Covin & Associates Gretna, Louisiana, for Plaintiff/Appellee, Leon L. Giorgio, Jr.

Charles C. Foti, Jr., Attorney General, State of Louisiana, Richard P. Ieyoub, Former Attorney General State of Louisiana, G.A. Manthey, Jr., Assistant Attorney General State of Louisiana, William S. Culver, Jr., Assistant Attorney General State of Louisiana, Louisiana Dept. of Justice Litigation Division, New Orleans, Louisiana, for Defendant/Appellee, State of Louisiana through the Department of Natural Resources.

(Court composed of Judge JAMES F. McKAY III, Judge TERRI F. LOVE, Judge MAX N. TOBIAS, JR.).


JAMES F. McKAY III, Judge.

The defendant, the State of Louisiana, through the Department of Natural Resources, appeals a trial court judgment in favor of the plaintiffs, Leon Giorgio and Jacques Sanborn. We affirm.

FACTS AND PROCEDURAL HISTORY

On the afternoon of March 14, 1998, the "Jo-Le," a thirty-eight foot Bertram sport fishing boat, left dock at Chalmette and headed for the waters of Breton Sound via the Mississippi River Gulf Outlet. Aboard...

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