Legal Opinion
Smith v. Brown
Louisiana Court of Appeal
Decided August 15, 2012No. 2011 CA 1749PublishedCited by 8 opinions
1Opinion of the CourtGaidry, J.
IsThis appeal is from a summary judgment invalidating an indemnity agreement in a contract as violative of La. R.S. 23:1033. We affirm.
FACTS AND PROCEDURAL HISTORY
Formosa Plastics Corporation, Louisiana (“Formosa”), the operator of a chemical manufacturing plant in Baton Rouge, entered into a contract with Harmony, L.L.C. (“Harmony”) on December 1, 2001 for the provision of contract labor by Harmony to perform work at Formosa’s facility. Article 17.3 of the contract, entitled “Injury to Persons and Damages to Property,” was stricken from the contract, and was replaced by the indemnity…
2Cases cited6 opinions
- Sanders v. Ashland Oil, Inc.Louisiana Court of Appeal · 1997
- Roberts v. Sewerage and Water Bd.Supreme Court of Louisiana · 1994
- Walker v. Phi Beta Sigma Fraternity (Rho Chapter)Louisiana Court of Appeal · 1997
- Prejean v. Maintenance Enterprises, Inc.Louisiana Court of Appeal · 2009
- Fernandez v. HebertLouisiana Court of Appeal · 2007
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3Cited by8 opinions
- LFI Fort Pierce, Inc. v. Acme Steel Buildings, Inc.Louisiana Court of Appeal · 2016
- Stewart v. Boh Bros. Construction Co.Louisiana Court of Appeal · 2013
- French v. Claiborne Parish Police JuryLouisiana Court of Appeal · 2018
- Brendon Preston v. Southern University through the Board of Supervisors of Southern University Agricultural and Mechanical CollegeLouisiana Court of Appeal · 2021
- Garred Whotte v. International Paper CompanyLouisiana Court of Appeal · 2015
3 more not listed; retrieve them via the Exa API.