Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Guidry v. ABC Trucking Co.

Court of Appeals of Louisiana, Third Circuit

March 7, 2019

MELVIN GUIDRY AND TRIEGE GUIDRY
v.
ABC TRUCKING COMPANY, ET AL.

          APPEAL FROM THE FIFTEENTH JUDICIAL DISTRICT COURT PARISH OF LAFAYETTE, NO. C-20133898-A HONORABLE JOHN DAMIAN TRAHAN, DISTRICT JUDGE

          Julius Willis Grubbs, Jr. J. P. D'Albor Haik, Minvielle & Grubbs COUNSEL FOR: Defendant/Appellee - Larsen Intermodal Services, Inc.

          Dennis Ray Stevens Gibbens & Stevens COUNSEL FOR: Intervenors/Appellants - The Hartford Fire Insurance Company and Louisiana Scrap Metal Recycling

          Court composed of Ulysses Gene Thibodeaux, Chief Judge, Shannon J. Gremillion, and Van H. Kyzar, Judges.

          ULYSSES GENE THIBODEAUX CHIEF JUDGE.

         Melvin and Triege Guidry filed suit against Larsen Intermodal Services, Inc. ("Larsen") seeking damages for injuries Mr. Guidry sustained while loading/unloading metal products from a tractor/trailer truck. Because the injury was sustained in the course and scope of his employment, Mr. Guidry also filed a workers' compensation claim against his employer, Louisiana Scrap Metal Recycling (Louisiana Scrap). The Guidrys' suit against Larsen was subsequently dismissed on Larsen's exception of prescription.

         Thereafter, Louisiana Scrap and its workers' compensation insurer, The Hartford Fire Insurance Company (Hartford), filed a petition of intervention, seeking to intervene in the Guidrys' dismissed suit and requesting reimbursement from Larsen for compensation paid to Mr. Guidry. At the same time, Louisiana Scrap/Hartford filed a separate suit directly against Larsen, likewise seeking reimbursement for compensation paid to Mr. Guidry. Larsen filed exceptions of prescription in both suits. In opposition, Louisiana Scrap/Hartford argued that, because Louisiana Scrap and Larsen are solidarily obligated to Mr. Guidry, Mr. Guidry's timely-filed workers' compensation claim against Louisiana Scrap interrupted prescription on Louisiana Scrap's/Hartford's suit against Larsen. After a hearing, the trial court granted the exceptions.

         Louisiana Scrap/Hartford appealed the judgment, dismissing their intervention, in docket number 18-587, and the judgment, dismissing their separate suit, in docket number 18-588. Upon Larsen's motion, this court consolidated the two appeals.

         Having reviewed the record, we find the trial court did not err in granting Larsen's exceptions of prescription or in its reliance upon this court's holding in Deculus v. Augenstein Construction Co., Inc., 425 So.2d 315 (La.App. 3 Cir. 1982), writ denied, 430 So.2d 658 (La.1983). Accordingly, we affirm.

         I.

         ISSUE

         Louisiana Scrap/Hartford raise a single issue for this court's consideration:

Does a timely filed workers' compensation claim against [] an employer/insurer interrupt prescription as to the subsequent claim of the employer/insurer against the third party tortfeasor for the recovery of workers' compensation benefits paid to or on behalf of the employee[?]

         We answer in the negative for the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.