85-C-0008 Precedential Processed

Brown v. Ebasco Services, Inc.

Louisiana Supreme Court · Filed February 8, 1985 · 462 So. 2d 1235

Cited by

Distinguished in 1

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Scott v. Division of Housing & Neighborhood Development 703 So. 2d 218 La. Ct. App. 1st Cir. 1997
Louviere v. Woodson Construction Co. 679 So. 2d 1013 La. Ct. App. 1st Cir. 1996
Vickers v. Cajun Concrete Services, Inc. 634 So. 2d 68 La. Ct. App. 4th Cir. 1994
Legros v. Norcen Exploration, Inc. 583 So. 2d 859 La. Ct. App. 1st Cir. 1991
Legros v. Norcen Exploration, Inc. 583 So. 2d 859 La. Ct. App. 1st Cir. 1991
Rosier v. HA Lott, Inc. 563 So. 2d 1321 La. Ct. App. 3d Cir. 1990
Massey v. Century Ready Mix Corp. 552 So. 2d 565 La. Ct. App. 2d Cir. 1989
Carey v. U M C 550 So. 2d 949 La. Ct. App. 1st Cir. 1989
Bradford v. Village Ins. Co. 548 So. 2d 106 La. Ct. App. 2d Cir. 1989
Jackson v. Louisiana Power & Light 510 So. 2d 8 La. Ct. App. 1st Cir. 1987
Guillory v. Ducote 509 So. 2d 455 La. Ct. App. 3d Cir. 1987

Opinion text

462 So.2d 1235 (1985) Darryl L. BROWN v. EBASCO SERVICES, INC., Tompkins-Beckwith, Inc., Louis Joseph, Hillary Jones, ABC Insurance Company, XYZ Insurance Company and Louisiana Power and Light Co. No. 85-C-0008. Supreme Court of Louisiana. February 8, 1985. *1236 Granted in part. See order. Otherwise, denied. DENNIS, J., would grant the writ. PER CURIAM. It is doubtful that Louisiana Power and Light Company was a principal under La.R.S. 23:1032. Nevertheless, this court on its own motion can notice that a petition fails to state a cause of action, and the factual allegations of this petition do not state a cause of action against Louisiana Power and Light Company. La.C.C.P. Art. 927. Accordingly, insofar as the judgments of the lower courts dismissed the action against Louisiana Power and Light Company, the application is denied on the basis that the petition fails to state a cause of action against Louisiana Power and Light Company; however, the application is granted in part, and the case is remanded to the district court with instructions to permit plaintiff to amend his petition as to Louisiana Power and Light Company. La. C.C.P. Art. 934. Insofar as the judgments of the lower courts dismissed the action against Ebasco Services, Inc., the application is denied.