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KESTER v. ZAPATA GULF PACIFIC, L.L.C.

No. 2006-CA-0973.

960 So.2d 274 (2007)

Alan KESTER v. ZAPATA GULF PACIFIC, L.L.C. and L & M Botruc Rental, Inc.

Court of Appeal of Louisiana, Fourth Circuit.

May 23, 2007.

Attorney(s) appearing for the Case

Wm. Ryan Acomb, Laurie L. Dearmond, Porteous, Hainkel & Johnson, LLP, New Orleans, LA, for L & M Botruc Rental, Inc.

James K. Carroll, Stephanie D. Skinner, Fowler Rodriguez, New Orleans, LA, for Zapata Gulf Pacific, L.L.C.

Court composed of Judge MICHAEL E. KIRBY, Judge TERRI F. LOVE, Judge MAX N. TOBIAS Jr.

KIRBY, Judge.

Zapata Gulf Pacific, LLC ("Zapata") appeals the trial court judgment in favor of L & M Bo-Truc Rental, Inc. ("Bo-Truc"), awarding reimbursement to Bo-Truc for maintenance and cure payments made by Bo-Truc to or on behalf of its employee, Alan Kester.

In this Jones Act case, plaintiff, Mr. Kester, was injured while aboard the M/V Midway Tide while in the course and scope of his employment with Bo-Truc. Zapata was the owner of the M/V Midway...

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