Lyons v. Airdyne Lafayette, Inc.
This text of 563 So. 2d 260 (Lyons v. Airdyne Lafayette, 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
Dexter Phillip LYONS
v.
AIRDYNE LAFAYETTE, INC., Wayne Hebert; and Pacific Marine Insurance Company.
Supreme Court of Louisiana.
PER CURIAM.
Granted. There is a genuine issue of material fact whether plaintiff's co-employee intentionally shot the stream of compressed air at plaintiff and injured him or whether the co-employee accidentally released the stream while repairing the compressor. There is circumstantial evidence from which one could reasonably infer that the act was intentional, and weighing of factual evidence is inappropriate on a motion for summary judgment. The case of Caudle v. Betts, 512 So.2d 389 (La. 1987), while presenting similar issues, was decided after trial on the merits.
The judgment of the lower court is reversed, the motion for summary judgment is denied, and the case is remanded to the district court for further proceedings.
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563 So. 2d 260, 1990 WL 84588, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lyons-v-airdyne-lafayette-inc-la-1990.