 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Doucet v. National Maintenance Corporation6/21/2002
Downing, J. concurs.
This suit arises out of an employment-related accident that occurred when plaintiff, during the course and scope of his employment, was allegedly injured on the premises of Dow Chemical Company (Dow) in Plaquemine, Louisiana. This appeal is from a judgment in favor of plaintiff's general employer sustaining a peremptory exception raising the objection of no cause of action and granting its motion for summary judgment. The exception and motion for summary judgment were filed in response to a third party demand filed by the tortfeasor and his general employer (appellants). The appellants asserted that the injured employee's general employer owed the appellants indemnification if the appellants were liable for any damages that arose out of the accident.
FACTS AND PROCEDURAL HISTORY
At the time of the accident, November 8, 1993, plaintiff, Richard Doucet, Sr., was employed by J.E. Merit Constructors, Inc. (Merit) and was assigned to work at Dow in Plaquemine, Louisiana. J.C. Dunn, employed by National Maintenance Corporation (National), also was assigned to work at Dow under the supervision of Merit. Merit and National were subcontractors for Dow, and both had indemnity agreements with Dow. On the day of the accident, Doucet was boarding a pickup truck allegedly being driven by Dunn and owned by Dow. As Doucet was climbing into the bed of the truck, Dunn moved the truck forward before Doucet was completely in the truck resulting in various injuries to Doucet. Doucet and his wife filed suit on May 12, 1994; made defendants were National and Dunn. ESIS, Inc., Merit's workers' compensation insurer, filed a petition of intervention on September 12, 1994. ESIS made medical payments and paid indemnity benefits because of injuries to Doucet and sought to be reimbursed such sums from any judgment or settlement in his favor. On July 2, 1999, Dunn and National filed a third party demand; made defendants were: 1) Dow; 2) ABC Insurance Company, the automobile and/or general liability insurance carrier for Dow Chemical U.S.A.; 3) DEF Insurance Company, the excess automobile and/or general liability insurance carrier for Dow; 4) Merit; 5) XYZ Insurance Company, the automobile and/or general liability insurer carrier for Merit; and 6) UVW Insurance Company, the excess automobile and/or general liability insurance carrier for Merit. On October 5, 1999, Dunn and National dismissed their third party demand as to Dow and ABC Insurance Co. without prejudice.
In response to National's third party demand, Merit filed a peremptory exception raising the objections of no cause of action and no right of action, and, alternatively, a motion for summary judgment.
In its memorandum in opposition to Merit's motion for summary judgment, National explained its position as follows:
Dow owned the vehicles used at the Dow plant in Plaquemine for transporting workers to their job sites. Merit signed an indemnity contract with Dow, in which they agreed to indemnify Dow for any injury to Merit employees which may be asserted against Dow. Dow owned the vehicle in which Doucet was a passenger at the time of the alleged injury. Under Louisiana law, as the owner of the vehicle, Dow's insurance is primary in providing coverage to the injured passenger. By it's contract with Dow, Merit assumed this obligation of indemnifying Dow for any injuries for which Dow might be liable by law. Tort immunity provided to employers under the Workers' Compensation statute does not preclude the employer from contractual indemnity. Jarreau v. City of Baton Rouge, 91-1128 (La.App. 1 Cir. 6/29/92), 602 So.2d 1124 (Holding that there is no prohibition against an employer contractuall
Page 1 2 3 4 5 Louisiana Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|