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MERCER v. NABORS DRILLING USA, L.P.

No. 10-1092.

76 So.3d 624 (2011)

James MERCER v. NABORS DRILLING USA, L.P.

Court of Appeal of Louisiana, Third Circuit.

November 2, 2011.

Attorney(s) appearing for the Case

Broussard, Halcomb & Vizzier, Roy S. Halcomb, Jr. , Alexandria, LA, for Plaintiff/Appellant James Mercer.

Galloway, Johnson, Tompkins, Burr & Smith, Kevin A. Marks , Jessie Schott Haynes , New Orleans, LA, for Defendant/Appellee Nabors Drilling USA, LP.

Court composed of ULYSSES GENE THIBODEAUX, Chief Judge; SYLVIA R. COOKS, JIMMIE C. PETERS, BILLY H. EZELL and SHANNON J. GREMILLION, Judges.

COOKS, Judge.

FACTS AND PROCEDURAL HISTORY

James Mercer (Mercer) sued a third-party tort feasor for injuries allegedly sustained in a job-related accident. His employer, Nabors Drilling USA, LP, (Nabors) intervened in the suit. Mercer reached a settlement with the third-party tort feasor for an amount which exceeded the sum owed as reimbursement to Nabors. It is undisputed that Nabors did not provide express written...

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