Welch v. Fugro Geosciences, Inc.

Supreme Court of Louisiana April 19, 2002

Welch v. Fugro Geosciences, Inc., 813 So. 2d 414 (La. 2002)

2002 La. LEXIS 1324; 2002 WL 749406

Deny, Victory, Writ

Opinion of the Court

*415In re Welch, Linda Kay et al.; Boswell, Daylon Chase; Welch, Kyler; Boswell, Byron Joseph; Periera, Lisa; Boswell, Brandon; — Plaintiffs; Applying for Writ of Certiorari and/or Review, Parish of W. Baton Rouge, 18th Judicial District Court Div. D, No. 25,579; to the Court of Appeal, First Circuit, No. 2000 CA 1231.

Writ granted. The trial court erred in granting summary judgment when no clear determination was made as to Mr. Boswell’s status as a longshoreman or seaman. Accordingly, the case is remanded to the trial court for a determination of that issue.

VICTORY, J., would deny the writ.

Reference

Full Case Name: Linda Kay WELCH, Individually and as Tutrix for Daylon Chase Boswell and Kyler Welch and as Personal Representative of Byron Joseph Boswell and Lisa Periera, Individually and as Tutrix for Brandon Boswell and as Personal Representative of Byron Joseph Boswell v. FUGRO GEOSCIENCES, INC., and Its Insurer Signal Mutual Indemnity Association, Ltd. Marshland Marine of Baytown, Texas, and Its Insurer XYZ Insurance Company
Status: Published