Joseph v. Texaco, Inc.

BOUTALL, Judge.

Plaintiff appeals the dismissal of her damage suit on exceptions of no cause of action and no right of action. At issue is whether the trial court erred in dismissing the action under the exclusivity provisions of the Workers’ Compensation Law, R.S. 23:1032, and in finding that Texaco, Inc. was plaintiff’s husband’s statutory employer, R.S. 23:1061. We reverse in part and affirm in part for the reasons set forth below.

Ella Mae Joseph filed this suit seeking damages for lack of consortium, service, and society under L.C.C. art. 2315 B stemming from an accident involving her…