Opinion

Brown v. Ebasco Services, Inc.

  • 462 So. 2d 1235
Court
Supreme Court of Louisiana
Filed
Feb 8, 1985
Status
Published
On the bench
Dennis
Cited by
17 cases
Authority
More cited than 91.7%

The opinion

462 So.2d 1235 (1985)

Darryl L. BROWN

v.

EBASCO SERVICES, INC., Tompkins-Beckwith, Inc., Louis Joseph, Hillary Jones, ABC Insurance Company, XYZ Insurance Company and Louisiana Power and Light Co.

No. 85-C-0008.

Supreme Court of Louisiana.

February 8, 1985.

*1236 Granted in part. See order. Otherwise, denied.

DENNIS, J., would grant the writ.

PER CURIAM.

It is doubtful that Louisiana Power and Light Company was a principal under La.R.S. 23:1032. Nevertheless, this court on its own motion can notice that a petition fails to state a cause of action, and the factual allegations of this petition do not state a cause of action against Louisiana Power and Light Company. La.C.C.P. Art. 927.

Accordingly, insofar as the judgments of the lower courts dismissed the action against Louisiana Power and Light Company, the application is denied on the basis that the petition fails to state a cause of action against Louisiana Power and Light Company; however, the application is granted in part, and the case is remanded to the district court with instructions to permit plaintiff to amend his petition as to Louisiana Power and Light Company. La. C.C.P. Art. 934.

Insofar as the judgments of the lower courts dismissed the action against Ebasco Services, Inc., the application is denied.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.