Derouen v. Quintana Petroleum (U.S.), Inc.
This text of 659 So. 2d 735 (Derouen v. Quintana Petroleum (U.S.), Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Writ granted. The trial court erred in granting summary judgment for defendant Quintana Petroleum Corporation (USA), Inc. based on its application of La.R.S. 23:1061 and the statutory employer defense when the court had not yet resolved the constitutional attack on the statute raised in Plaintiffs’ First Amended Petition for Damages. La. C.C.P. art. 966(B) states in pertinent part:
The [summary] judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to material fact, and that mover is entitled to judgment as a matter of law. (emphasis added).
As the question of the constitutionality and legality of La.R.S. 23:1061 is pending before the trial court by virtue of plaintiffs’ amended petition, summary judgment “as a matter of law” is premature.
Accordingly, the writ application is granted. The judgment granting defendant’s motion for summary judgment is reversed and [736]*736this matter is remanded for further proceedings.
REVERSED AND REMANDED.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
659 So. 2d 735, 1995 La. LEXIS 2402, 1995 WL 553047, Counsel Stack Legal Research, https://law.counselstack.com/opinion/derouen-v-quintana-petroleum-us-inc-la-1995.