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.
This text of 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. (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.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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.
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