No. 11116 Precedential Processed

Davis v. Morrow

Louisiana Court of Appeal, First Circuit · Filed January 28, 1980 · 381 So. 2d 1258

Also decided on this docket: La. Ct. App. 1st Cir., February 14, 1977 343 So. 2d 236; La. Ct. App. 1st Cir., December 3, 1968 216 So. 2d 885

Cited by

Opinion text

LEMMON, Judge, dissents and assigns reasons. The one affidavit in this record does not establish that a refrigeration mechanic was regularly used in Copeland’s business at the time of the 1975 accident or that the particular service being rendered by plaintiff was regularly required in Copeland’s business at that time. The facts in this record are insufficient to establish that Copeland is a principal under R.S. 23:1061, and even if R.S. 23:1032 implicitly granted tort immunity to principals in 1975 (before the 1976 amendment expressly granting immunity), Copeland is not entitled to judgment as a matter of law. C.C.P. art. 966.