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MASON v. T & M BOAT RENTALS, LLC

No. 2013-CA-1048.

137 So.3d 741 (2014)

Jeff MASON v. T & M BOAT RENTALS, LLC., Lester Nunez, Chalmette Levee Constructors Joint Venture and M.V. Mr. Charles.

Court of Appeal of Louisiana, Fourth Circuit.

March 19, 2014.

Attorney(s) appearing for the Case

Alphonse M. Thompson, Jr. , Thompson, Gibbons, & Westholz, L.L.C., New Orleans, LA, for Plaintiff/Appellant, Jeff Mason.

David S. Bland , Matthew C. Guy , Brendhan H. Thompson , LeBlanc Bland P.L.L.C., New Orleans, LA, for Defendant/Appellee, T & M Boat Rentals, LLC and Chalmette Levee Constructors Joint Venture.

(Court composed of Judge DENNIS R. BAGNERIS, SR., Judge TERRI F. LOVE, Judge SANDRA CABRINA JENKINS).

Judge TERRI F. LOVE.

This appeal arises from the injuries sustained by the plaintiff, who alleged that his injuries were covered pursuant to general maritime law and the Longshore Harbor Workers Compensation Act. The defendants filed a motion for summary judgment, which was granted by the trial court. However, we find that the trial court improperly considered the exhibits attached to the motion for summary judgment that were not automatically deemed admitted into...

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