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 AND
ENTERGY LOUISIANA, L.L.C. Ernest P. Gieger, Jr., Emily E.
composed of Judges Marc E. Johnson, Hans J. Liljeberg, and
John J. Molaison, Jr.
E. JOHNSON JUDGE
Clyde and Mary Price, appeal the trial court's granting
of summary judgment 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 on the basis that Plaintiffs'
exclusive remedy against ELL is in workers' compensation.
For the following reasons, we affirm.
& PROCEDURAL HISTORY
Plaintiffs' second appeal. The first appeal was likewise
from the trial court's granting of summary judgment in
favor of ELL. However, this Court reversed the ruling and
remanded for further proceedings on the basis that certain
exhibits were not properly admitted into evidence for
purposes of summary judgment and, thus, ELL failed to prove
it was entitled to summary judgment. See Price v. Chain
Electric Co., 16-597 (La.App. 5 Cir. 4/12/17); 216 So.3d
388. On remand, ELL filed a second motion for summary
judgment, which was granted on October 10, 2017 after a
hearing. Plaintiffs now seek review of that judgment.
facts have not changed since the first appeal, in which we
set out the facts as follows:
On June 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
On June 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.
On 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
Price, supra at 389-90.
second motion for summary judgment filed on remand on July 6,
2017, ELL asserted that it was Mr. Price's statutory
employer and, therefore, it was immune from tort claims
because Plaintiffs' exclusive remedy was in workers'
compensation. ELL argued that it was an affiliate of ESI and,
therefore, the Contract Order between ELL and Chain Electric
incorporated the Agreement ...