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BELL v. DUNN

No. 2004-CA-2117.

924 So.2d 224 (2005)

Sam BELL v. Durward DUNN.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied March 10, 2006.

Attorney(s) appearing for the Case

Joel R. Waltzer, John L. Robert III, Waltzer & Associates, Harvey, LA, for Plaintiff/Appellant.

Bertrand M. Cass, Jr., William Kayser Terrill, Allen F. Campbell, Alexis M. Myers, Deutsch, Kerrigan & Stiles, L.L.P., New Orleans, LA, for Defendant/Appellee.

(Court composed of Chief Judge JOAN BERNARD ARMSTRONG, Judge PATRICIA RIVET MURRAY and Judge MAX N. TOBIAS JR.).

JOAN BERNARD ARMSTRONG, Chief Judge.

Plaintiff-appellant, Sam Bell, appeals a summary judgment dismissal of his personal injury claims asserted alternatively under the Jones Act or under § 905(b) of the Longshore and Harbor Workers Act (LHWCA)1 against the defendant-appellee, Durward Dunn, Inc. ("Dunn"). For the reasons that follow, we reverse and remand.

Plaintiff was allegedly injured while working for Dunn on the construction...

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