APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH
OF JEFFERSON, STATE OF LOUISIANA NO. 733-430, DIVISION
"D" HONORABLE SCOTT U.SCHLEGEL, JUDGE PRESIDING
COUNSEL FOR PLAINTIFF/APPELLANT, CLYDE PRICE AND HIS WIFE
MARY PRICE Victor J. Woods, Jr.
COUNSEL FOR DEFENDANT/APPELLEE, ENTERGY CORPORATION Ernest P.
Gieger, Jr. Emily E. Eagan.
composed of Robert M. Murphy, Stephen J. Windhorst, and Hans
J. LILJEBERG JUDGE
Clyde and Mary Price, appeal a summary judgment granted in
favor of defendant, Entergy Louisiana, L.L.C.
("ELL"), finding that ELL was Mr. Price's
statutory employer and dismissing plaintiffs' tort claims
against ELL. For the following reasons, we reverse the
summary judgment and remand this case for further
AND PROCEDURAL HISTORY
9, 2005, Chain Electric Company ("Chain") and
Entergy Services, Inc. ("ESI") entered into a
written agreement, entitled "Entergy Systemwide
Multipurpose Maintenance, Modification and Construction
General Services Agreement" ("the Agreement"),
bearing contract number 10092965. Pursuant to the Agreement,
ESI and Chain agreed that any "affiliate" of ESI
could issue Contract Orders to Chain requesting Chain's
services. The parties further agreed that any and all
Contract Orders issued by an affiliate were deemed to
incorporate the provisions of the Agreement. The Agreement
provides that an affiliate that issues a Contract Order to
Chain is recognized as the statutory employer of Chain's
1, 2011, Chain and ELL entered into a Contract Order, bearing
contract number 10318822 and providing that Chain would
perform services for ELL, commencing on June 1, 2011 and
ending on May 31, 2013. This Contract Order indicates that it
was issued pursuant to the Agreement, number 10092965,
between ESI and Chain.
November 28, 2012, while working as an employee of Chain,
Clyde Price was assisting with excavation and trenching work
for the purpose of adding additional line capacity for ELL.
Mr. Price sustained injuries when an incident or
"cave-in" occurred in the trench where he was
working. On December 2, 2013, Mr. Price and his wife, Mary
Price, filed this lawsuit against Chain, Entergy Corporation,
and/or its affiliate, alleging that defendants were negligent
by failing to ensure that proper safety procedures were
followed. Plaintiffs subsequently amended their
petition to name ELL as a defendant, in lieu of Entergy
September 21, 2015, ELL filed a motion for summary judgment,
seeking dismissal of plaintiffs' claims against it,
arguing that ELL was Mr. Price's statutory employer and,
thus, ELL is immune from tort claims, with worker's
compensation being plaintiffs' exclusive remedy. ELL
asserted that the clear language of the Agreement, ...