Rabeaux v. Aetna Casualty & Surety Co.

577 So. 2d 1214, 1991 La. App. LEXIS 785, 1991 WL 57809
CourtLouisiana Court of Appeal
DecidedApril 17, 1991
DocketNo. 89-1080
StatusPublished
Cited by5 cases

This text of 577 So. 2d 1214 (Rabeaux v. Aetna Casualty & Surety Co.) 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.

Bluebook
Rabeaux v. Aetna Casualty & Surety Co., 577 So. 2d 1214, 1991 La. App. LEXIS 785, 1991 WL 57809 (La. Ct. App. 1991).

Opinion

GUIDRY, Judge.

This appeal is consolidated with two other appeals, Rabeaux v. Aetna Casualty & Surety Co., et al., 577 So.2d 1218 and Rosier v. H.A. Lott, Inc., et al., 577 So.2d 1218. These appeals arise as a result of two personal injury suits filed by plaintiffs following a construction site accident which occurred on January 8, 1987, at the Chen-nault Industrial Air Park in Lake Charles, Louisiana. The trial court dismissed plaintiffs’ suits against the general contractor defendants and/or their supervisory employee, on motions for summary judgment, concluding that such defendants were immune from suit under the exclusivity provisions of Louisiana’s worker’s compensation statute, La.R.S. 23:1032 and 23:1061. Following rendition of the latter judgments, the plaintiffs brought these appeals. The matters were consolidated after appeal. We consider the issues presented in all appeals in this opinion but we will render separate decrees in the consolidated matters.

FACTS

The facts of these cases are not in dispute. Chennault Industrial Airpark Authority (Chennault) advertised for public bids to construct five aircraft hangars to accomodate Boeing aircraft at the Chen-nault Industrial Airpark in Lake Charles. On September 23, 1986, the Port City Group, Inc. (Port City), a Lake Charles based construction company, entered into a “pre-bidding agreement” for the construction of these hangars with H.A. Lott, Inc. (Lott), a Houston, Texas based construction company. Pursuant to this pre-bid agreement, Port City and Lott jointly prepared a bid which was submitted in the name of Port City, without disclosure of Lott’s role to Chennault. The Port City bid was accepted by Chennault. Also pursuant to the September 23, 1986 “pre-bid” agreement, Lott and Port City executed a contract on October 1, 1986, setting forth the respective responsibilities of each contractor for the construction of these hangars. On October 10, 1986, Chennault and Port City executed the owner/contractor contract to construct these five aircraft hangars. The contract was entered into by Port City pursuant to the pre-bid agreement, and was acknowledged in the October 1, 1986 contract between Port City and Lott. As general contractor, Port City contracted with B & G Crane Service, Inc., d/b/a Sun Erection Company (Sun) to erect the steel structure of these hangars, as evidenced by a subcontract executed on October 20, 1986.

On January 8, 1987, while Sun was engaged in the performance of its subcontract, a crane collapsed causing the crane load to fall. Sun employees Neil Charles Rabeaux, David Rosier and Mark Kevin Smith were injured as a result of this accident.1 David Rosier subsequently died.

SUIT OF NEIL CHARLES RABEAUX

Neil Charles Rabeaux filed suit against Port City, its insurer, Aetna Casualty and Surety Company (Aetna), and Lott, among others, for personal injury and damages sustained as a result of the crane collapse. United States Fidelity & Guaranty Association (USF & G), worker’s compensation insurer for sub-contractor Sun, intervened in the suit to recover benefits paid to Ra-beaux. Port City and Aetna filed a motion for summary judgment on June 17, 1988, which was rendered in their favor on June 15, 1989. In written reasons for summary judgment, the trial judge determined:

[1216]*1216“Port City contracted to perform a job (to build five hangers), and it then subcontracted with Sun Erection (Plaintiffs employer) to perform part of that work so undertaken by Port City. According to R.S. 23:1061, Port City is the statutory employer of Sun Erection’s employee. Rabeaux was injured while in the performance of the construction work covered by Port City’s general contract with the Chennault Industrial Air Park Authority.”

Rabeaux and USF & G appealed this judgment which bears out docket number 89-1080.

On January 2, 1990, Lott and W.D. Amb-rose, a supervisory employee on the project for Lott, filed a motion for summary judgment contending that Lott was a “joint venturer” on the project with Port City and they should, therefore, be protected from tort claims in light of Buckbee on Behalf of Buckbee v. Aweco, Inc., 418 So.2d 698 (La.App. 3rd Cir.1982), writ denied, 422 So.2d 166 (La.1982), which held that joint venturers are covered by the exclusive remedy provisions of La.R.S. 23:1032. The trial court rendered judgment in favor of Lott and Ambrose. Rabeaux and USF & G appealed. This appeal bears our docket number 90-890.

SUIT OF LAURA ROSIER

Laura Rosier, individually and on behalf of her minor child, Michael Wesley Rosier, filed suit for damages and wrongful death against Lott, Port City and Aetna, among others. USF & G, worker’s compensation insurer for Sun, intervened in the suit to recover benefits paid to Rosier and his dependents. Port City and Aetna motioned for summary judgment which was granted by the trial court. The trial court held that Port City, as general contractor, was decedent’s statutory employer, and was therefore immune from suit in tort. A panel of this court affirmed the determination of the trial court in Rosier v. H.A. Lott, Inc., et al, 563 So.2d 1321 (La.App. 3rd Cir. 1990), writ denied, 568 So.2d 1058 (La.1990).

Lott thereafter filed its motion for summary judgment on March 3, 1990, contending that Lott was a “joint venturer” on the project with Port City and should, therefore, be protected from tort claims pursuant to La. R.S. 23:1032 as interpreted in Buckbee, supra. On July 5, 1990, the trial court rendered judgment in favor of Lott. Rosier appealed. This matter, 577 So.2d 1218, was consolidated with the two Ra-beaux appeals.

TORT LIABILITY OF PORT CITY AND AETNA TO RABEAUX

We first consider whether the trial court erred by granting summary judgment in favor of Port City and Aetna and against Rabeaux, upholding their statutory employer defense. In Rosier, supra, a panel of this court considered this precise issue in connection with the injury and subsequent death of Rabeaux’s co-employee, David Rosier. In affirming the judgment of the trial court, we stated:

“Since Port City contracted with Chen-nault to construct hangars, then subcontracted to Sun a portion of the work and David Rosier was killed while employed by Sun working pursuant to the subcontract, plaintiffs’ sole remedy against Port City is in worker’s compensation. Summary judgment was properly granted.”

The principles of law relied upon in Rosier, supra, require no reiteration. In light of Rosier, supra, we affirm the ruling of the trial court granting summary judgment against Rabeaux and in favor of Port City and Aetna.

JOINT VENTURE LIABILITY

We next determine whether the trial court erred by rendering summary judgment in favor of Lott and Ambrose against the Rosiers and Rabeaux, finding that Lott was a joint venturer with Port City, a statutory employer, and therefore immune from tort liability pursuant to La.R.S. 23:1032.

At the time of the accident, La.R.S. 23:1032 read in pertinent part as follows:

“The rights and remedies herein granted to an employee or his dependent on [1217]

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Related

Rester v. Aetna Casualty & Surety Co.
598 So. 2d 673 (Louisiana Court of Appeal, 1992)
Rabeaux v. Aetna Casualty & Surety Co.
582 So. 2d 846 (Supreme Court of Louisiana, 1991)
Rabeaux v. Aetna Casualty & Surety Co.
577 So. 2d 1218 (Louisiana Court of Appeal, 1991)
Rosier v. H.A. Lott, Inc.
577 So. 2d 1218 (Louisiana Court of Appeal, 1991)

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Bluebook (online)
577 So. 2d 1214, 1991 La. App. LEXIS 785, 1991 WL 57809, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rabeaux-v-aetna-casualty-surety-co-lactapp-1991.