Carlos E. Forno, Travelers Insurance Company, Plaintiff-Intervenor-Appellant v. Gulf Oil Corporation

TATE, Circuit Judge:

In this Louisiana diversity action, the plaintiff Forno sues Gulf Oil Corporation in tort for personal injuries sustained due to an alleged premise defect. At the time of the injury, Forno was working as a painter employed by a subcontractor engaged to perform routine painting maintenance at Gulf’s plant. The district court granted Gulf’s motion for summary judgment and dismissed Forno’s suit upon its holding, on the basis of statements of uncontested fact and affidavits, that Forno was a “statutory employee” of Gulf and thus relegated to Louisiana workmen’s compensation…