Doucet v. W. H. C., Inc., 2353
| Decision Date | 18 June 1968 |
| Docket Number | No. 2353,2353 |
| Citation | 212 So.2d 267 |
| Parties | Joseph Norman DOUCET, Plaintiff-Appellant, v. W.H.C., INC., et al., Defendants-Appellees. |
| Court | Court of Appeal of Louisiana — District of US |
Jacque B. Pucheu, Eunice, for plaintiff-appellant.
Davidson, Meaux, Onebane & Donohoe, by Robert L. Cabes, Lafayette, Holt & Woodley, by Edmund E. Woodley, Lake Charles, for defendants-appellees.
Before SAVOY, HOOD and LEAR, JJ.
Joseph Norman Doucet, a roustabout in the employ of Ashy Construction Company, Inc., brought this action in tort against W.H.C., Inc., Donald 'Don' Hebert, Tidewater Oil Company (hereinafter referred to as Tidewater), and four individual employees of Tidewater, to recover damages incurred when a gas line owned by Tidewater blew out with tremendous pressure resulting in Doucet's left arm being torn off below the elbow. At the time of the accident plaintiff was assisting with the repair of a salt water disposal pump located at a Tidewater well site referred to as Lacassine Well No. 2, situated in Cameron Parish, Louisiana.
The answers filed stated general denials of liability. Tidewater further averred that the repair of the pump was work which it had undertaken to execute and which was part of its trade, business or occupation; that the plaintiff was in the employ of Ashy Construction Company, employed in the execution of said work; that Tidewater or Ashy had in full force and effect at the time of the accident workmen's compensation insurance coverage covering the liability, if any, of Tidewater to plaintiff under the Louisiana Workmen's Compensation Act, and that plaintiff's sole and exclusive remedy, if any, against Tidewater was under the Louisiana Workmen's Compensation Act.
Tidewater filed a motion for summary judgment contending that under LSA-R.S. 23:1061, plaintiff's exclusive remedy, if any, against Tidewater was under the Louisiana Workmen's Compensation Act, and that plaintiff had no right to sue in tort. From an adverse judgment plaintiff prosecutes this appeal, contending that the trial court erred in granting the motion for summary judgment in view of the fact that Tidewater's employees did not perform the type of work done by the plaintiff at the time he was injured, and that since the defense provided by LSA-R.S. 23:1061 was an affirmative defense, the defendant bore the burden of proving same, which it failed to do in the instant case.
LSA-R.S. 23:1061 provides that:
'Where any person (in this section referred to as principal) undertakes to execute any work, which is a part of his trade, business, or occupation or which he had contracted to perform, and contracts with any person (in this section referred to as...
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