Legal Opinion

Dwight S. Rivera v. United States Army Corps of Engineers

Court of Appeals for the Fifth Circuit

Decided January 10, 1990No. 89-3412PublishedCited by 7 opinions

1Opinion of the Court

GARWOOD, Circuit Judge:

In this Federal Tort Claims Act (FTCA) suit, plaintiff-appellant Dwight S. Rivera (Rivera) appeals the district court’s summary judgment in favor of defendant-appellee United States Army Corps of Engineers (the Corps) granted on the basis that the Corps was Rivera’s statutory employer under LSA-R.S. § 23:1061. We conclude that the summary judgment evidence does not establish this defense as a matter of law, and accordingly we reverse and remand.

At the time of his injury, Rivera was employed by Bayou State Security Services, Inc. (BSSI) as a security guard. BSSI was…

2Cases cited6 opinions

  1. Berry v. Holston Well Service, Inc.Supreme Court of Louisiana · 1986
  2. Jason Leigh v. National Aeronautics and Space Administration, and United States of America, Martin Marietta Corp.Court of Appeals for the Fifth Circuit · 1988
  3. Klohn v. Louisiana Power & LightSupreme Court of Louisiana · 1981
  4. Paul A. Thomas v. Calavar Corporation, United States of AmericaCourt of Appeals for the Fifth Circuit · 1982
  5. Scales v. StateLouisiana Court of Appeal · 1982

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Struhs v. Protection Technologies, Inc.Idaho Supreme Court · 1999
  2. Michael J. Knotts and Beverly Gail Knotts, Cross-Appellees v. United States of America, Cross-AppellantCourt of Appeals for the Fifth Circuit · 1990
  3. Margie Izard, as Personal Representative of the Estate of Roger Keith Gillin, and as Guardian of Ryan Keith Gillin, a Minor v. United StatesCourt of Appeals for the Tenth Circuit · 1991
  4. Normand Dumais, Jr., et al. v. United States of America, et al.District Court, D. New Hampshire · 2023
  5. Dumais v. USADistrict Court, D. New Hampshire · 2023

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API