2021CW0700 Nonprecedential Writ granted in part; denied in part Processed

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.

Louisiana Court of Appeal, First Circuit · Filed October 1, 2021

Authorities cited

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Opinion text

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