Schexnaydre v. Travelers Ins. Co., 74--3863
| Decision Date | 26 February 1976 |
| Docket Number | No. 74--3863,74--3863 |
| Citation | 527 F.2d 855 |
| Parties | Mr. and Mrs. Neal SCHEXNAYDRE, Sr., Plaintiffs-Appellants, v. The TRAVELERS INSURANCE COMPANY, Defendant-Appellee. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Vincent J. Glorioso, Jr., New Orleans, La., for plaintiffs-defendants.
John J. Weigel, John V. Baus, New Orleans, La., for defendant-appellee.
Appeal from the United States District Court for the Eastern District of Louisiana.
Before MORGAN, CLARK and TJOFLAT, Circuit Judges.
Plaintiff's decedent, Neal Schexnaydre, Jr., died as a result of injuries received in a fall from a scaffold on a construction site. Young Schexnaydre's employer, the general contractor, is not a party to this suit; the sole defendant is the Travelers Insurance Company. Plaintiff asserts defendant's liability rests alternately on its position as the general contractor's negligence insurance carrier under the Louisiana direct action statute and on Travelers' acts and omissions relative to safety inspection of the equipment, materials and working conditions maintained by its insured at the construction site, including the scaffold which collapsed. 1
The court below directed entry of an order dismissing only the claim based on the negligent safety inspection theory. The order found that there was no just cause for delay pursuant to Fed.R.Civ.P. 54(b). The remaining issue of liability was not reached and, when Travelers gave notice of the instant appeal, the court removed the cause from its trial docket pending resolution here.
1 The complaint was set...
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