Julius John Boudeloche v. Grow Chemical Coatings Corp., Etc., and Brown & Root, Inc.

Appellant filed suit against his employer, Brown & Root, Inc. for injuries allegedly sustained after being ordered by his Brown & Root supervisor to paint the interior of a tank without the benefit of ventilation equipment. The cause of action was based on the “intentional act” exception to the Louisiana Workmen’s Compensation statute. La.Rev.Stat.Ann. § 23:1032 (West 1976). The district court dismissed the action for failure to state a claim pursuant to Fed.R.Civ.P. 12(b)(6). We reverse.

On March 3, 1978, appellant Julius John Boudeloche, while employed by Brown & Root, Inc. was working at a…