Supreme Court of Louisiana, 1974

Gotte v. Cities Service Oil Co.

Supreme Court of Louisiana · Decided October 28, 1974 · Barham, Granted, Marcus, Sanders, Should, Summers

302 So. 2d 37; 1974 La. LEXIS 4234 (Southern Reporter, Second Series)

Opinion of the Court

In re: Cities Service Oil Company, applying for certiorari, or writ of review, to the Court of Appeal, Third Circuit, Parish of Calcasieu. 298 So.2d 920.

Writ denied. No error of law.

SANDERS, C. J., is of the opinion that a writ should be granted.

Concurring Opinion

BARHAM, J.,

concurs. This is new in the jurisprudence but it is in accord with the letter and spirit of the law. The appellate court in a well reasoned opinion has found accident causal connection, and recoverable damages. The opinion follows the Workmen’s Compensation Act.

MARCUS, J., is of the opinion that writ should be granted.

Dissenting Opinion

SUMMERS, J.,

is of the opinion the writ should be granted, as a constitutional right. The decision is contrary to decisions of this Court.

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