NGUYEN v. WESTON

No. 2009-CA-0571.

20 So.3d 548 (2009)

Tin T. NGUYEN v. Brian WESTON, BV Weston Construction, LLC, Quality Pipeline & Construction, Inc., Eland Energy, Inc. and Sundown Energy LP.

Court of Appeal of Louisiana, Fourth Circuit.

September 9, 2009.


Attorney(s) appearing for the Case

Lawrence A. Arcell, Arcell Law Firm LLC, New Orleans, LA, for Plaintiff/Appellant.

Morgan J. Wells, Jr., Lee M. Peacocke, Larzelere Picou Wells Simpson Lonero, LLC, Metairie, LA, for Defendants/Appellees, Eland Energy, Inc. and Sundown Energy LP.

(Court composed of Judge DENNIS R. BAGNERIS, SR., Judge MICHAEL E. KIRBY, Judge DAVID S. GORBATY).


DAVID S. GORBATY, Judge.

This action arises in tort. The issues on appeal are two-fold: 1) whether the trial court erred in finding Sundown Energy, L.P., not liable to Mr. Nguyen because it did not operate or control the site in question; and, 2) whether the trial court erred in finding Eland Energy, Inc., was the borrowing employer of Mr. Nguyen, and therefore immune from tort liability. Mr. Nguyen appeals the grant of summary judgments to defendants, Eland Energy...

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