William S. Walker v. Anco Insulations, Inc.

Opinion

WILLIAM S. WALKER * NO. 2022-CA-0763

VERSUS * COURT OF APPEAL

ANCO INSULATIONS, INC., * FOURTH CIRCUIT ET AL. * STATE OF LOUISIANA

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APPEAL FROM CIVIL DISTRICT COURT, ORLEANS PARISH NO. 2021-07060, DIVISION “F-14” Honorable Jennifer M Medley, ****** Judge Tiffany Gautier Chase ****** On Application for Rehearing

(Court composed of Judge Roland L. Belsome, Judge Joy Cossich Lobrano, Judge Tiffany Gautier Chase)

David Ryan Cannella Kristopher L. Thompson Christopher C. Colley Benjamin Rumph BARON & BUDD, P.C. 909 Poydras Street, Suite 2100 New Orleans, LA 70112

COUNSEL FOR PLAINTIFF/APPELLEE

Madeleine Fischer Ryan E. Johnson JONES WALKER LLP 201 St. Charles Avenue 51st Floor New Orleans, LA 70170-5100 Stephen N. Elliott Michael R. Denton BERNARD, CASSISA, ELLIOTT & DAVIS 3838 N. Causeway Blvd. Suite 3050 Metairie, LA 70002

COUNSEL FOR DEFENDANT/APPELLANT

REHEARING GRANTED FOR THE LIMITED PURPOSE OF CORRECTION OF CLERICAL ERRORS; APPELLATE JUDGMENT OF MAY 3, 2023 MAINTAINED MAY 30, 2023 TG C Appellant, Level 3 Holdings, Inc. f/k/a Peter Kiewit Co. (hereinafter “Level RL 3”) petitions this Court for a rehearing of our May 3, 2023 opinion, which affirmed B JC the trial court’s judgment in favor the plaintiff, William Walker (hereinafter “Mr.

L Walker”). Based on Level 3’s application for rehearing, we hereby grant a limited

rehearing for the sole purpose of correcting two clerical errors.

Level 3 submits four errors; however, we find only two errors merit

consideration. First, Level 3 submits that this Court erred in citing to a 2001

affidavit and deposition of Robert Maracek (hereinafter “Mr. Maracek”). Second,

Level 3 avers that this Court erred by stating that Mr. Maracek referenced a 1936

National Security Council document (hereinafter “the NSC documents”). We will

address each issue separately.

The appellate court record contains a 2001 affidavit of Mr. Maracek. The

only document contained in this Court’s record is Mr. Maracek’s affidavit, not a

deposition. Thus, this Court made a clerical error by referencing Mr. Maracek’s

1 deposition. We note that the clerical insertion of the word “deposition” is not

germane to the merits of this case.

Level 3 also avers this Court erred in referring to the NSC documents from

1936. Level 3 points out that the record does not include a single NSC document

from the year 1936. We agree. The numbers 36 were transposed and should reflect

63. The original opinion should refer to the NSC documents from the year 1963

rather than 1936.

Accordingly, we amend our May 3, 2023 opinion to reflect that only Mr.

Maracek’s 2001 affidavit is contained in the record and that the NSC documents

were from the year 1963. In all other respects, our original opinion is affirmed.

REHEARING GRANTED FOR THE LIMITED PURPOSE OF CORRECTION OF CLERICAL ERRORS; APPELLATE JUDGMENT OF MAY 3, 2023 MAINTAINED MAY 30, 2023