Mitchell v. Southern Scrap Recycling, LLC
Louisiana Court of Appeal
1DissentKuhn, J.
hi respectfully disagree with the result reached in the majority opinion. I believe there is an irreconcilable conflict in the master service contract due to the fact that Paragraph 25 therein provides that Southern Scrap is the “statutory employer” of IPC Contractors’ employees and is entitled to the statutory tort immunity of La. R.S. 23:1032 et seq., whereas Paragraph 13 of that same contract provides that no one employed by IPC Contractors shall be deemed an employee of Southern Scrap “for any purpose.” I strongly disagree with the majority’s conclusion that the language of Paragraph 13…
2Cases cited3 opinions
- Phillip Wayne Zuccarello, David Zuccarello, Allison Zuccarello, Brian Zuccarello, and Iva Faye Smith Zuccarello v. Exxon CorporationCourt of Appeals for the Fifth Circuit · 1985
- Johnson v. Tennessee Gas Pipeline Co.District Court, E.D. Louisiana · 2000
- Labranche v. Fatty's, LLCLouisiana Court of Appeal · 2010