Donnie P. Theriot and Torie LeBoeuf Theriot, individually and on behalf of the minors, Owen Paul Theriot and Reed Ryan Theriot v. Total Wireline Services, Inc.

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT DONNIE P. THERIOT AND TORIE NO. 2019 CW 0762 LEBOEUF THERIOT, INDIVIDUALLY AND ON BEHALF

OF THE MINORS, OWEN PAUL 7HERI07 AND REED RYAN 7HERI07

VERSUS

TOTAL WIRELINE SERVICES, INC.

CONSOLIDATED WITH

DONNIE P. THERIOT AND TORTE NO. 2019 CW 0765 LEBOEUF THERIOT,

INDIVIDUALLY AND ON BEHALF OF THE MINORS, OWEN PAUL THERIOT AND REED RYAN THERIOT

VERSUS DEC 10 2019 TOTAL WIRELINE SERVICES, INC.

In Re: Total Wireline Services, Inc. and Perry F. Perrin;

Liberty Mutual Insurance Company, applying for

supervisory writs, 32nd Judicial District Court, Parish of Terrebonne, No. 175, 659.

BEFORE: MCDONALD, THERIOT, AND CHUTZ, JJ.

WRIT GRANTED. The district court' s judgment of May 10, 2019, denying defendants/ relators, Total Wireline Services, Inc. and Perry F. Perrin' s Motion for Summary Judgment, and Liberty Mutual Insurance Company' s Motion for Summary Judgment, is hereby reversed. Herein, plaintiff/ relator, Donnie P. Theriot, was an experienced repairman and, considering the nature of the boat' s damage, Total Wireline Services, Inc. and Perry F. Perrin owed no duty to warn him about the risk posed by gasoline

leaking onto the water following the boat' s submersion. See Sanders v. Posi- Seal International, 93- 1007 ( La. App. 1st Cir. 4/ 8/ 94), 635 So. 2d 760 & Doucet v. Superior Gauging Services, Inc., 2018- 861 ( La. App. 3d Cir. 4/ 17/ 19), 268 So. 3d 1082. Accordingly, judgment is entered in favor of Total wireline Services, Inc. and Perry F. Perrin, their motion for granting summary judgment, and Liberty Mutual Insurance Company, granting its motion for summary judgment.

Jim! MRT

WRC

COURT ST CIRCUIT r G. R

EP OFW( FOR ALK YOURT THE COURT