Sisk v. L. W. Eaton Co.

TATE, Judge.

The District Court sustained an exception of no cause of action to this tort suit on the ground that plaintiff’s immediate employer was a subcontractor of defendant L. W. Eaton Co., Inc., and that plaintiff’s sole remedy therefore was for workmen’s compensation. Eaton’s liability insurer is a codefendant.

Plaintiff Sisk and a co-employee, Tidwell (plaintiff in a companion suit, Tidwell v. L. W. Eaton Co., La.App., 89 So.2d 424) were permanently crippled while working for Acoustics & Specialities, a New Orleans firm. They were paid full workmen’s compensation by their employer’s…