Rose v. XYZ Cable Co.

CANNELLA, Judge.

Appellant, Ernest Rose, appeals a judgment granting the peremptory exception of no cause of action in his action for intentional tort against his employer, appellee, Avondale Industries, Inc. We reverse and remand to the trial court for the trial judge to rule on the summary judgment.

Appellant alleges in his petitions that on March 22, 1990 he suffered severe and disabling injuries to his body when a cable sling broke, causing a 40 foot length of pipe to fall. In his initial petition he states *775that the pipe struck other stored pipe and crushed his right leg.

Appellant filed…