United States District Court, W.D. Louisiana, Monroe Division
L. HAYES MAG. JUDGE
A. DOUGHTY UNITED STATES DISTRICT JUDGE.
case arises out of an alleged injury to Plaintiff Brandon
Morris (“Morris”) while he was working at Graphic
Packaging International, Inc.'s (“GPI”)
facility in West Monroe, Louisiana. Pending before the Court
is a Motion for Summary Judgment [Doc. No. 17] filed by
Defendant GPI. Morris filed an opposition [Doc. No. 20] which
was joined by Intervenor Zurich American Insurance Co.
(“Zurich”) [Doc. Nos. 23 & 25]. GPI filed a
reply. [Doc. No. 24].
has also filed a Motion for Partial Summary Judgment [Doc.
following reasons, GPI's Motion for Summary Judgment is
GRANTED, and Morris' Motion for Partial Summary Judgment
January 2, 2018, GPI, a paper manufacturer, and M.L. Smith,
Jr., L.L.C. (“ML Smith”), entered into a written
contract (“Purchase Order”) for the demolition
and rebuild of the evaporator area black liquor reclaim tank
[Doc. No. 17-2, Affidavit of Peggy Gross (“Gross
Aff.”), ¶¶ 3-5 & Exh. A]. Although the
Purchase Order identifies the vendor as M.L. Smith, Jr.,
Inc., a prior entity of ML Smith, the limited liability
company ML Smith is the entity to which the Purchase Order
was directed, which undertook to perform under the Purchase
Order, and which was paid by GPI. See [Doc. No.
17-2, Gross Aff., ¶¶ 5-6, Exhs. A & B].
Purchase Order [Doc. No. 17-2, Exh. A] provided that
“[t]he clauses printed on the attachment hereof and any
supplemental conditions attached hereto are essential terms
of this order.” Further, in pertinent part, the
Purchase Order's General Terms and Conditions
Acknowledgement, shipment or performance of any part of this
Purchase Order will constitute acceptance by [ML Smith] of
all Terms and Conditions hereof, including all documents
incorporated herein by reference, without reservation, and
shall constitute the entire agreement between the parties
superseding all prior agreements relating to the subject
SECTION 9: INSURANCE:
A. MINIMUM GENERAL REQUIREMENTS. Unless agreed to otherwise
in writing by [GPI], at a minimum, [ML Smith] and all of its
subcontractors, vendors and/or consultants shall produce and
maintain the following insurance:
(i) Worker's Compensation- statutory limits and
Employer's Liability-$500, 000 per occurrence.
SECTION 13: STATUTORY EMPLOYMENT: If services are to be
performed at [GPI's] facilities in the state of
Louisiana, it is agreed that pursuant the provisions of the
Louisiana Revised Statutes 23:1061(A)(3), that it is the
intent and agreement of the parties hereto that the
relationship of the [GPI] to the direct employees and the
statutory employees of [ML Smith] (contractor) be that of a
[Doc. No. 17-2, Exh. A, ...