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WALL v. KELLY OIL & GAS COMPANY, INC.

No. 44,604-CW.

27 So.3d 1071 (2009)

James Willis WALL and Alice Elaine Wall, individually and as the Surviving Father and Mother of Matthew Steven Wall, Deceased; Marcus McKinney; and Danielle Langwasser, Plaintiffs-Respondents v. KELLY OIL & GAS COMPANY, INC.; Brammer Engineering, Inc.; Brammer-Keystone Energy, a Partnership; Brammer Production Company; and Brammer Production 1993, a Limited Liability Company, Defendants-Applicants.

Court of Appeal of Louisiana, Second Circuit.

December 21, 2009.

Attorney(s) appearing for the Case

Herschel E. Richard, Jr., Robert Kennedy, Jr., for Applicants, Kelly Oil & Gas Company, Inc. and Brammer Engineering, Inc.

J.J. McKernan, John H. Smith, Ashley Philen, for Respondents, James Willis Wall, Alice Elaine Wall, Matthew Wall and Danielle Langwasser.

Lewis O. Unglesby, J. Schuyler Marvin, for Respondent, Marcus McKinney.

Before WILLIAMS, CARAWAY and DREW, JJ.

WILLIAMS, J.

We granted this application for supervisory review filed by the defendants, Kelly Oil & Gas Company, Inc. and Brammer Engineering, Inc., to determine the correctness of the district court's ruling denying the defendants' motion for summary judgment. Finding error in the trial court's ruling, we grant the defendants' writ application and reverse.

FACTS

On May 27, 2001, at approximately 4:00 a.m., the decedent, Matthew Wall ("Matt...

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