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KELLY v. BOISE BLDG. SOLUTIONS

No. 11-1116.

92 So.3d 965 (2012)

Kenneth Dale KELLY, et ux. v. BOISE BUILDING SOLUTIONS, et al.

Court of Appeal of Louisiana, Third Circuit.

May 2, 2012.

Attorney(s) appearing for the Case

Jerold Edward Knoll, Jr. , Attorney at Law, Marksville, LA, Amos H. Davis , Attorney at Law, Baton Rouge, LA, for Plaintiffs/Appellees, Kenneth Dale Kelly, Jackie Denise Kelly.

W. Michael Adams , Scott R. Wolf , Blanchard, Walker, O'Quinn & Roberts, Shreveport, LA, Keith M. Pyburn , Larry Sorohan , Fisher & Phillips LLP, New Orleans, LA, for Defendants/Appellants, Boise Cascade, L.L.C., Old Republic Insurance Company.

John A. Brittain , Attorney at Law, Natchitoches, LA, for Defendant/Appellant, Dwayne Myers.

Court composed of J. DAVID PAINTER, SHANNON J. GREMILLION, and PHYLLIS M. KEATY, Judges.

KEATY, Judge.

This appeal stems from an incident between co-workers at their place of employment in which one of the workers was severely injured. For the following reasons, we hold that the trial court did not err in granting a motion for directed verdict in favor of the injured employee based on its finding that his co-worker committed an intentional tort upon him while in the course and scope of their employment. We further...

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