Phillip Wayne Zuccarello, David Zuccarello, Allison Zuccarello, Brian Zuccarello, and Iva Faye Smith Zuccarello v. Exxon Corporation

WISDOM, Circuit Judge:

The plaintiffs sought tort damages for the injuries and death of the decedent, an employee of an independent contractor hired by the defendant Exxon to perform work at Exxon’s Baton Rouge, Louisiana refinery. Exxon asserted the defenses of contributory negligence and immunity in tort under La.Rev.Stat.Ann. § 23:1061 as the “statutory employer” of the decedent. The negligence issues were tried to a jury and the statutory employer issue was, by stipulation of the parties, tried to the judge. The jury found that Exxon was negligent and that the decedent was not…