Smith v. Partex Construction, Inc.

SHORTESS, Judge.

Melvin Ray Smith (Smith) fell while attempting to get into the cab of a flatbed truck while working at Exxon Corporation’s (Exxon) Baton Rouge refinery on February 28, 1983. He sued Exxon and the owner of the truck, Partex Construction, Inc. (Partex). His wife, Janet Ryals Smith,2 joined in the suit seeking damages for loss of consortium.

After a six-day jury trial which ended March 4, 1991, judgment was entered in accordance with the jury’s verdict dismissing plaintiffs’ suit. Plaintiffs then appealed to this court. Plaintiffs’ first assignment of error was that they did not…