MITCHELL v. SOUTHERN SCRAP RECYCLING

No. 2011 CA 2201.

93 So.3d 754 (2012)

Charles MITCHELL, James Mitchell and Barbara Mitchell v. SOUTHERN SCRAP RECYCLING, L.L.C.; Southern Scrap Material Co., L.L.C.; Southern Scrap Recycling Morgan City, L.L.C. and ABC Insurance Company.

Court of Appeal of Louisiana, First Circuit.

June 8, 2012.


Attorney(s) appearing for the Case

Timothy R. Richardson , Freeman R. Matthews , New Orleans, LA, for Plaintiffs/Appellants, Charles Mitchell, James Mitchell, and Barbara Mitchell.

Jefferson R. Tillery , Elizabeth S. Healy , C. Barrett Rice , New Orleans, LA, for Defendants/Appellees, Southern Scrap Recycling, LLC; Southern Scrap Material Co., LLC; and Southern Scrap Recycling Morgan City, LLC.

Michael P. Corry , Lafayette, LA, for Defendant/Appellee Gemini Insurance Company.

Paul J. Politz , New Orleans, LA, for Defendant/Appellee IPC Contractors.

Alistair M. Ward , New Orleans, LA, for Defendants/Appellees Lexington Insurance Company and Chartis Specialty Insurance Company.

Richard L. Olivier , Metairie, LA, for Defendants/Appellees Louisiana Container Co. and Travelers Property Casualty Co. of America.

Margaret Tooke , Baton Rouge, LA, for Third-Party Defendant/Appellee Travelers Indemnity of Connecticut.

Paul Palermo , Metairie, LA, for Defendant/Appellee Travelers Property Casualty Company.

Before WHIPPLE, KUHN, and GUIDRY, JJ.


WHIPPLE, J.

The issue presented herein is whether a truck driver, injured in a work accident, and his parents are barred from bringing a tort claim against the scrap metal company at whose yard the truck driver was assigned by his direct employer to haul and deliver scrap metal, on the basis that the scrap metal company was his statutory employer pursuant to the provisions of the Louisiana Workers' Compensation Act. The trial court granted the scrap metal company...

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