Heatly v. Dolese Ready-Mix Concrete Co.

LEAR, Judge.

This case involves a death claim under the Louisiana workmen’s compensation act, the issue being whether or not the decedent suffered an “accident” during the course and scope of his employment as defined by said act.1

When plaintiff rested his case at a trial on the merits, the court, on motion of defendant, granted a directed verdict dismissing plaintiff’s suit. Plaintiff appeals specifying three errors by the trial court, these being, first, that the court used the failure by plaintiff to sustain the burden of proof standard, rather than, the standard of whether the evidence was…