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CAVAZZO v. GRAY INS. CO.

No. CA 08-1407.

15 So.3d 1105 (2009)

Frank CAVAZZO v. GRAY INS. CO., et al.

Court of Appeal of Louisiana, Third Circuit.

June 3, 2009.

Attorney(s) appearing for the Case

Jeffrey Martin Cole, Plauche, Smith & Nieset, Lake Charles, LA, for Defendants Appellants, The Gray Insurance Company, Dunham Price Group, LLC, Dunham Price, LLC, Dunham Price Marine, LLC, Material Handling, LLC.

Rex Douglas Townsley, The Townsley Law Firm, Lake Charles, LA, for Plaintiff Appellee, Frank Cavazzo.

J. Mac Morgan, Attorney at Law, New Orleans, LA, for Plaintiff Appellee, Frank Cavazzo.

Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, JOHN D. SAUNDERS, and JIMMIE C. PETERS, Judges.

SAUNDERS, Judge.

In this is a case, an employee filed a petition for damages against his employers, alleging he was a seaman under the Jones Act and § 905(b). The employers and their insurer responded by filing a motion for summary judgment seeking a judgment that the employee's sole remedy was under the Longshoreman & Harbor Workers' Compensation Act, thus, his claims against them under both the Jones Act and § 905(b) should be dismissed.

The...

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