HEBERT v. RICHARD

No. 10-1417.

72 So.3d 892 (2011)

Tommie HEBERT and Melissa Anne Hebert v. J. Oran RICHARD, et al.

Court of Appeal of Louisiana, Third Circuit.

July 6, 2011.


Attorney(s) appearing for the Case

Joseph R. Joy, III , Lafayette, LA, for Plaintiffs/Appellants, Melissa Anne Hebert and Tommie Hebert.

Kenneth Hugh Laborde , Brendan P. Doherty , New Orleans, LA, Charles R. Sonnier , Abbeville, LA, for Defendants/Appellees, Industrial Helicopters, Inc., Michael David Richard, Allianz Global Risks U.S. Insurance Company, Game Management, Inc., and J. Oran Richard.

Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, OSWALD A. DECUIR, MARC T. AMY, J. DAVID PAINTER, and PHYLLIS M. KEATY, Judges.


PAINTER, Judge.

Plaintiffs, Tommie Hebert and his wife, Melissa Anne Hebert, appeal the trial court's rulings on motions for summary judgment on the issues of employment status/tort immunity, intentional tort, and spoliation of the evidence. For the following reasons, we affirm in part, reverse in part, and remand for further proceedings.

FACTS AND PROCEDURAL HISTORY

In March of 2007, Mr. Hebert sustained multiple injuries when he fell to the ground...

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