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YOUNCE v. PACIFIC GULF MARINE, INC.

No. 04-CA-839.

893 So.2d 909 (2005)

Harold YOUNCE v. PACIFIC GULF MARINE, INC. and ABC Insurance Company.

Court of Appeal of Louisiana, Fifth Circuit.

Rehearing Denied March 8, 2005.

Attorney(s) appearing for the Case

Michael E. Holoway, New Orleans, LA, for Plaintiff/Appellant.

John H. Clegg, Daphne P. McNutt, McGlinchey Stafford PLLC, New Orleans, LA, for Defendant/Appellee, Pacific-Gulf Marine, Inc.

Panel composed of Judges SOL GOTHARD, JAMES L. CANNELLA, THOMAS F. DALEY, CLARENCE E. McMANUS, and WALTER J. ROTHSCHILD.

THOMAS F. DALEY, Judge.

The plaintiff, Harold Younce, has appealed the trial court's grant of partial summary judgment in favor of the defendant, Pacific Gulf Marine, Inc. For the reasons that follow we reverse.

FACTS:

This matter arises out of an accident that occurred on December 31, 1995 aboard the ship M/V Sugar Islander while plaintiff was employed by Pacific Gulf Marine, Inc. (hereinafter referred to as

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