Legal Opinion

Viator v. LeBeouf Bros. Towing, L.L.C.

Louisiana Court of Appeal

Decided October 17, 2012No. 2012-CA-0314Published

1Opinion of the Court

MAX N. TOBIAS, JR., Judge.

|,The appellants, Donnie Viator (“Via-tor”) and his wife, April, appeal the trial court’s granting of summary judgment in favor of the appellee, LeBeouf Bros. Towing, L.L.C. (“LeBeouf’), dismissing the totality of their claims, with prejudice, on the basis that LeBeouf owed no duty to Viator for the injury that befell him. Finding genuine issues of material fact remain precluding summary judgment, we reverse the trial court’s judgment and remand the case for further proceedings.

Viator, a longshoreman employed by Plains All American GP, L.L.C. (“Plains”), allegedly…

2Cases cited13 opinions

  1. Ross Milling Co. v. GilibertiLouisiana Court of Appeal · 1925
  2. Scindia Steam Navigation Co. v. De Los SantosSupreme Court of the United States · 1981
  3. Howlett v. Birkdale Shipping Co., S.A.Supreme Court of the United States · 1994
  4. Milstead v. Diamond M Offshore, Inc.Supreme Court of Louisiana · 1996
  5. Trinidad Pimental v. Ltd Canadian Pacific BulCourt of Appeals for the Fifth Circuit · 1992

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