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MORGAN v. BELL

No. 2010-CA-0278.

44 So.3d 851 (2010)

Lois MORGAN and Dennis Morgan v. Johnny O. BELL, Johnny Bell's Dump Truck Service, Scottsdale Insurance Company, and State Farm Mutual Automobile Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

July 28, 2010.

Attorney(s) appearing for the Case

Mark A. Delphin , Delphin Law Offices, Arthur J. O'Keefe , Lake Charles, LA, for Appellant, Lois and Dennis Morgan.

Sidney J. Angelle , Brant J. Cacamo , Lobman Carnahan Batt Angelle & Nader, New Orleans, LA, for Defendants/Appellees, C.O.B. Enterprises of Louisiana, Inc.

(Court composed of Chief Judge JOAN BERNARD ARMSTRONG, Judge JAMES F. McKAY, III, Judge MAX N. TOBIAS, JR.).

MAX N. TOBIAS, JR., Judge.

The plaintiffs/appellants, Lois Morgan and Dennis Morgan, ask this court to reverse the summary judgment in favor of the defendant/appellee, COB Enterprises of Louisiana, Inc. ("COB"). After reviewing the record and applicable law, we find genuine issues of material fact concerning the employment status of truck driver, the defendant, Johnny Bell ("Bell"). Therefore, we reverse the judgment and remand the matter to the trial court for further...

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