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BERRY v. VALLEY GIN, INC.

No. 44,433-CA.

16 So.3d 494 (2009)

Gene BERRY, Plaintiff-Appellant, v. VALLEY GIN, INC., Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

July 1, 2009.

Attorney(s) appearing for the Case

John C. Milkovich, Shreveport, for Plaintiff-Appellant, Gene Berry.

Theus, Grisham, Davis & Leigh, by James M. Edwards, Monroe, Kay S. Rector, for Defendant-Appellee, Valley Gin, Inc. and XYZ Ins. Co.

Rabalais Unland Loria, by DeShae S. Richardson, for Plaintiff-Appellee, LFI Fort Pierce Inc. and Ace USA Inc.

Before STEWART, CARAWAY and DREW, JJ.

STEWART, J.

After being injured while working at a cotton gin, Gene Berry sued his former special employer, Valley Gin, Inc., for damages. The trial court granted summary judgment in favor of Valley Gin upon determining that Berry's accident was a workers' compensation matter and that it did not meet the requirements of the intentional act exception. Berry appealed. We find that summary judgment was properly granted and affirm.

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