Khalaf v. Mass Res., Inc.

• Decision Date: 02 October 2019
• Docket Number: CA 19-6
• Citation: 280 So.3d 975
• Parties: Extemal KHALAF, et al. v. MASS RESOURCES, INC., et al.
• Court: Court of Appeal of Louisiana — District of US

280 So.3d 975

Extemal KHALAF, et al.
v.
MASS RESOURCES, INC., et al.

CA 19-6

Court of Appeal of Louisiana, Third Circuit.

October 2, 2019

Michael J. Vondenstein, One Galleria Blvd., Suite 1400, Metairie, LA 70011, (504) 836-6500, COUNSEL FOR DEFENDANT/APPELLEE: Acadiana Specialty Risks Agency

Darrell Keith Hickman, 720 Murray Street, Alexandria, LA 71301, (318) 448-6353, COUNSEL FOR DEFENDANTS/APPELLANTS: Mass Resources, Inc., Fun Investments, LLC

Celeste D. Elliott, Lugenbuhl, Wheaton, Peck, Rankin & Hubbard, 601 Poydras Street, Suite 2775, New Orleans, LA 70130-6027, (504) 568-1990, COUNSEL FOR DEFENDANT/APPELLEE: United Specialty Insurance Co.

Brandy McClure, P. O. Box 665, Jonesville, LA 71343, (318) 339-7337, COUNSEL FOR PLAINTIFFS/APPELLEES: Ektemal Khalaf, as tutrix of Ramie Khalaf, Ektemal Khalaf, as tutrix of Omar Khalaf, Ektemal Khalaf, as tutrix of Ahmad Khalaf, Ektemal Khalaf

Myisha Davis, Attorney at Law, P.O. Box 99, Clayton, LA 71326, (318) 336-5526, COUNSEL FOR DEFENDANTS/APPELLANTS: Mass Resources, Inc., Fun Investments, LLC

Alan W. Stewart, Gibson Law Partners, P. O. Box 52124, Lafayette, LA 70505, (337) 761-6028, COUNSEL FOR DEFENDANT/APPELLEE: Four Rivers Insurance Agency, Inc.

Court composed of Ulysses Gene Thibodeaux, Chief Judge, Billy Howard Ezell, and John E. Conery, Judges.

EZELL, Judge.

Mass Resources, Inc. and Fun Investments, L.L.C. (herein collectively referred to as Mass Resources) appeal the decision of the trial court below granting summary

280 So.3d 977

judgment in favor of Four Rivers Insurance Agency, Inc. For the following reasons, we affirm the decision of the trial court.

This suit originated as a wrongful death suit. The original suit was filed by the family of Tarek Khalaf, who was killed while repairing a pumping unit on an oil well owned by Fun Investments and operated by Mass Resources. Both companies are owned and run by Tarek Khalaf's brother, Emad Khalaf. The original suit alleges that Tarek Khalaf was an employee of Mass Resources with a salary of $150,000.00 per year and that his January 27, 2015, death was the result of Mass Resources' negligence in failing to have a brake on the pumping unit and in failing to properly maintain its equipment.

Mass Resources in turn brought a third-party suit against Four Rivers, Mass Resources' insurance agent, alleging the latter had failed in procuring a commercial general liability policy (CGL), which Mass Resources alleges would have covered Tarek Khalaf's death. During the course of discovery, Mass Resources, through Emad Khalaf, admitted that Tarek Khalaf was an employee of Mass Resources and that he was acting in the course and scope of his employment with them at the time of the accident. Mass Resources further admitted that it had never requested that Four Rivers procure a workers' compensation policy. Those admissions were made directly by Emad Khalaf, verified as true, while the companies were represented by counsel.

After discovery, Four Rivers moved for summary judgment asserting that, because Tarek Khalaf was an employee of Mass Resources in the course and scope of his employment, workers' compensation law controlled the matter and that, even if it had failed to obtain a CGL, it would not be liable to Mass Resources under the facts of this case. The trial court below agreed, granting summary judgment in favor of Four Rivers. From that decision, Mass Resources appeals.

Mass Resources asserts one assignment of error on appeal, claiming that the trial court erred in granting the motion for summary judgment, as it alleges its amended answers to requests for admission and an affidavit of Emad Khalaf raised genuine issues of material fact.

Mass Resources alleges that any wrongful death damages it may owe would have been covered under a CGL and that Four Rivers' failure to procure such a policy exposed it to recovery for Tarek Khalaf's death. However, La.R.S. 23:1032 "explicitly immunizes defendants from tort liability where the decedent...