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SMITH v. ST. LANDRY PARISH SOLID WASTE

No. 11-946.

81 So.3d 50 (2011)

Michael SMITH, et ux. v. ST. LANDRY PARISH SOLID WASTE DISPOSAL DISTRICT, et al.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied February 1, 2012.

Attorney(s) appearing for the Case

Michael C. Palmintier , Degravelles, Palmintier, Holthaus, & Frugé, L.L.P., Baton Rouge, LA, for Plaintiffs/Appellants, Michael Smith, Ernesta Smith.

James D. Hollier , Jason T. Reed , Laborde & Neuner, Lafayette, LA, for Defendants/Appellees, St. Landry Parish Solid Waste Disposal District, Katry Martin.

Court composed of OSWALD A. DECUIR, JAMES T. GENOVESE, and PHYLLIS M. KEATY, Judges.

DECUIR, Judge.

Michael and Ernesta Smith filed suit against the St. Landry Parish Solid Waste Disposal District and its supervisor, Katry Martin, after their son, Martel Smith, was killed while working at the St. Landry Sanitary Landfill. The trial court granted summary judgment in favor of the defendants, finding the Smiths failed in their burden of proving the intentional act exception to workers' compensation immunity. The Smiths appealed, and for the following...

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