Meylin Castro, Individually, and on behalf of her minor children, Monica Gissell Castaneda-Castro, David Mejia-Castro, and Dylan Sneijder Mejia-Castro, and Meylin P. Castro v. Church Mutual Insurance Company, First United Methodist Church Of Denham Springs, ABC Insurance Company, Sunbelt Rentals Scaffold Services, LLC, XYZ Insurance Company, and 1 Priority Environmental Services, Inc.

Opinion

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

MEYLIN CASTRO, INDIVIDUALLY, NO. 2021 CW 0700 AND ON BEHALF OF HER MINOR CHILDREN, MONICA GISSELL CASTANEDA- GASTRO, DAVID MEDIA - GASTRO, AND DYLAN SNEIJDER MEDIA- CASTRO, AND MEYLIN P. CASTRO

VERSUS

CHURCH MUTUAL INSURANCE COMPANY, FIRST UNITED METHODIST CHURCH OF DENHAM SPRINGS, ABC INSURANCE COMPANY, SUNBELT RENTALS OCTOBER 1, 2021 SCAFFOLD SERVICES, LLC, XYZ INSURANCE COMPANY, AND 1 PRIORITY ENVIRONMENTAL SERVICES, INC.

In Re: 1 Priority Environmental Services, Inc., for applying supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 669445.

BEFORE: McCLENDON, WELCH, AND THERIOT, JJ.

WRIT GRANTED IN PART; DENIED IN PART. The portion of the trial court' s April 23, 2021 judgment the for denying motion

partial summary judgment filed by defendant 1 Priority Environmental Services, Inc ( hereinafter " 1 Priority") on

January 27, 2021, is reversed. 1 Priority submitted sufficient

summary judgment evidence to demonstrate that at the time plaintiff Meylin Castro was injured she was the statutory employee of 1 Priority. See Allen v. State ex rel. Ernest N. Morial- New Orleans Exhibition Hall Auth., 2002- 1072 ( La. 4/ 9/ 03), 842 So. 2d 373. judgment Accordingly, summary is granted in part. In all other respects, the writ is denied.

PMC JEW

MRT

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT FOR THE COURT