LOUISIANA SAFETY ASSOCIATION OF TIMBERMEN - SELF INSURERS FUND, Plaintiff-Appellant
WILL TRANSPORT, L.L.C., Defendant-Appellee
This Decision is not final until expiration of the fourteen day rehearing period.
Appealed from the Eighth Judicial District Court for the Parish of Winn, Louisiana. Trial Court No. 40,287. Honorable Jacque Derr, Judge.
PROVOSTY, SADLER, deLAUNAY, FIORENZA & SOBEL, By: Joseph J. Bailey, Counsel for Appellant.
PAUL L. HURD, Counsel for Appellee, Will Transport, L.L.C.
McKEITHEN, RYLAND, and CHAMPAGNE, By: Joseph W. Grassi, Counsel for Appellees, K P Trucking and Karl Pentecost d/b/a Ouachita Truck and Trailer.
Before BROWN, STEWART, and PITMAN, JJ.
[49,740 La.App. 2 Cir. 1]
BROWN, CHIEF JUDGE
The instant appeal is from the trial court's grant of summary judgment in favor of defendants, K.P. Trucking, L.L.C., and Karl Pentecost d/b/a Ouachita Truck and Trailer, dismissing them from an action filed by plaintiff, Louisiana Safety Association of Timbermen-Self Insurers Fund (" LSAT" ), to collect unpaid workers' compensation premiums for the years 2004, 2005 and 2006. Will Transport remains a party defendant following this partial
summary judgment, which was signed by the trial court on July 14, 2014. For the reasons set forth below, we reverse and remand.
Brief Procedural History
LSAT filed suit against Will Transport to collect unpaid workers' compensation premiums on January 25, 2007. Discovery ensued, depositions were taken, and several motions for summary judgment were filed. After receiving correspondence dated May 24, 2013, from Will Transport advising LSAT that it did not have the assets to cover the claimed indebtedness and extending a settlement offer, LSAT filed a supplemental and amending petition adding K.P. Trucking and Ouachita Truck and Trailer as defendants, based upon allegations that these two entities were liable contractually and solidarily with Will Transport. A general denial was filed by the two defendants, who thereafter filed a motion for summary judgment seeking dismissal of the ...