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LOMELI v. SOUTHWEST SHIPYARD, L.P.

No. 01-10-00352-CV.

363 S.W.3d 681 (2011)

Antonio LOMELI, Appellant, v. SOUTHWEST SHIPYARD, L.P., Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

July 21, 2011.

Attorney(s) appearing for the Case

Cory Daniel Itkin , Arnold & Itkin LLP, Houston, TX, for Appellant.

Michael Scott Beckelman , Sean Higgins, Wilson, Elser, Moskowitz, Edelman & Dicker LLP, Houston, TX, for Appellee.

Panel consists of Justices KEYES, HIGLEY, and YATES.

OPINION

EVELYN V. KEYES, Justice.

Appellant, Antonio Lomeli, sued Southwest Shipyard, L.P. ("Southwest") for negligence after he fell into an open barge hatch and seriously injured his left leg. Southwest moved for summary judgment, asserting the exclusive remedy provision of the federal Longshore and Harbor Workers' Compensation Act ("LHWCA") as an affirmative defense. The trial court rendered summary judgment in favor of Southwest. In one issue, Lomeli...

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