Middleton v. Livingston Timber, Inc.
Louisiana Court of Appeal
1Opinion of the CourtCarter, C.J.
| sPlaintiff/appellant, Joe W. Middleton, appeals an Office of Workers’ Compensation (OWC) judgment sustaining the peremptory exception of res judicata, filed by defendant/appellee, Livingston Timber, Inc. For the following reasons, we reverse.
FACTS AND PROCEDURAL HISTORY
The instant case arose from an injury sustained by plaintiff on May 12, 2005, while in the course and scope of his employment. Plaintiff was working as a saw operator on a logging job when a .skidder with a log attached went in reverse, causing the log to roll onto plaintiffs right leg and fracture his tibia. Plaintiff was…
2Cases cited7 opinions
- Leake v. ParsonLouisiana Court of Appeal · 1925
- Holmes v. HendricksLouisiana Court of Appeal · 1926
- Avenue Plaza, LLC v. FalgoustSupreme Court of Louisiana · 1996
- Union Planters Bank v. CCHCLouisiana Court of Appeal · 2005
- Domingue Ex Rel. Domingue v. AlliedLouisiana Court of Appeal · 2003
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3Cited by4 opinions
- Pierrotti v. JohnsonLouisiana Court of Appeal · 2012
- Steckler v. Lafayette Consolidated GovernmentLouisiana Court of Appeal · 2011
- Middleton v. Livingston Timber, Inc.Louisiana Court of Appeal · 2012
- Walter J. Horrell v. Jack Marks AlltmontLouisiana Court of Appeal · 2020