LEDET v. JO-DE EQUIPMENT RENTAL CO., INC.

No. CA 09-1267.

34 So.3d 1028 (2010)

Daryel LEDET v. JO-DE EQUIPMENT RENTAL COMPANY, INC., et al.

Court of Appeal of Louisiana, Third Circuit.

April 7, 2010.


Attorney(s) appearing for the Case

John Felton Blackwell, New Iberia, LA, Timothy George Schafer, Schafer & Schafer, New Orleans, LA, for Defendant/Appellee, Spider Staging Corporation.

Michael Anthony McGlone, Clay A. Cosse, Jr., Kean, Miller, Hawthorne, D'Armond, McCowan & Jarman, New Orleans, LA, for Defendant/Appellee, Corrosion Control Specialists, LLC.

Arthel Joan Scheuermann, Scheuermann & Jones Law Office, New Orleans, LA, for Plaintiff/Appellee, Daryel Ledet.

Paul D. Palermo, Craig V. Sweeney, Spyridon Palermo & Dornan, L.L.C., New Orleans, LA, for Defendant/Appellant, Jo-De Equipment Rental Co., Inc.

Patricia Jackson Delpit, Craig Vincent Sweeney, Johnson, Stiltner & Rahman, Baton Rouge, LA, for Intervenor/Appellee, Louisiana Workers' Compensation Corporation.

Court composed of JOHN D. SAUNDERS, OSWALD A. DECUIR, and BILLY HOWARD EZELL, Judges.


EZELL, Judge.

At issue in this appeal is whether or not an employer waived its tort immunity when it signed a rental agreement for some equipment which contained an indemnity agreement. The trial court granted a motion for summary judgment in favor of the employer holding that the employer did not waive its exemption from tort immunity.

FACTS

Corrosion Control Specialists was hired to perform some sandblasting and painting at the North American Salt...

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