Opinion
NO. 2017 CW 1577
05-23-2018
JUSTIN LUKE KING v. DEBUSK SERVICES GROUP, L.L.C., ET AL
In Re: Motiva Enterprises LLC, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 631,733. BEFORE: WHIPPLE, C.J., GUIDRY, McDONALD, THERIOT, AND CHUTZ, JJ.
WRIT GRANTED. The October 4, 2017 ruling denying defendant relator's motion for summary judgment is hereby reversed and summary judgment is rendered herein dismissing the tort claims filed against it with prejudice. Plaintiff respondent failed to overcome the presumption conferred on relator by La. R.S. 23:1061(A)(3), and relator is therefore entitled to statutory employer status. Thus, as against relator, respondent's sole remedy for personal injury is workers' compensation. La. R.S. 23:1032.
WRC
JMG
JMM
Whipple, C.J., and Theriot, J., dissent and would deny the writ finding genuine issues of material fact remain that preclude the grant of summary judgment in this matter. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT