Gaylord Contaer/Temple Inland and Liberty Mutual Insurance VS Rob Dunaway :: 2009 :: Louisiana Court of Appeal, First Circu Decisns :: Louisiana Case Law :: Louisiana Law :: US Law :: Jtia

Contents:

• GAYLORD CONTAER/TEMPLE INLAND AND LIBERTY MUTUAL INSURANCE VS ROB DUNAWAY
• GAYLORD CONTAER CORPORATN AND LIBERTY MUTUAL INSURANCE COMPANY, APPELLANTS, V. CHARLEY MILEY, APPELLEE, 230 F.2D 177 (5TH CIR. 1956)

GAYLORD CONTAER/TEMPLE INLAND AND LIBERTY MUTUAL INSURANCE VS ROB DUNAWAY

“The world is embarkg on a major energy transn and Omnidian’s platform is an example of the type of technology that is need to help nsumers and bs alike unrstand and maximize the performance of their clean energy systems, ” said Liberty Mutual Invtments Managg Director of Energy Transn & Inastcture TJ Gaylord.

STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT NO 2008 CA 2264 GAYLORD CONTAINER TEMPLE INLAND LIBERTY MUTUAL INSURANCE VERSUS ROB DUNAWAY Judgment Renred Appeal om the of Workers Compensatn May 8 2009 On Office In and for the Parish of St District 6 Tammany State of Louisiana Trial Court No 05 02171 Robert W Varnado Jr Workers Sam J Collett Jr Bogala Compensatn Judge Pridg Attorneys for Appellant Rob Dunaway LA and Cathere Leary Wtwego LA Attorneys for Appellee Craig J Robichx Ryan G Davis TIN Inc Manville LA Attorney for Appellee Liberty Mutual Insurance Company Pl Michael Elvir Jr Metairie LA BEFORE CARTER J C WHIPPLE AND DOWNING n CARTER C J This is workers a pensatn su for claratory judgment filed by Inland employer Temple TIN Corp regardg s obligatn to pay the medil pensatn for s employee Rob Dunaway Dunaway suffered In 1985 Mr scendg artery In 2002 Although the artery nsired was a the rerd to rdiac be 1988 rdiac a strs tt episo showed surgery supersedg was a new a not judgment makg such bypass paid benefs for Mr Dunaway Appellate urts that ern the trial appropriate i movant is e l Mr Dunaway s entled to judgment to all three heart vsels 2002 TIN granted relievg now genue as a In related medil benefs s and bypass obligatn to pay episo motn for summary TIN of s obligatn to pay appeals novo the g termatn of whether summary whether there is any be surgery review summary judgments urt heart attack a that relieved TIN of s event claratn and a to volvg his right nsired signifint change The trial urt Dunaway nsired was episo sought claratory judgment clarg that the benefs for Mr the was for which TIN event which rulted theterizatn and TIN volvg his left anterr the attack Dunaway experienced another rdiac Mr ronary to d heart attack paid ongog medil benefs related thereto related and TIN employment 1988 Acrdg a same creria judgment is issue of material fact and whether matter of law Samaha v Ran 07 1726 Also volved the su is Liberty Mutual Insurance Company which was TIN s workers pensatn rrier at the time of the 1988 episo After TIN filed s motn for summary judgment Liberty Mutual filed a memorandum wh rporated motn adoptg and expandg TIN s motn for is a ntradictory motn that mt be served by summary judgment A motn for summary judgment eher registered or certified Lopez 05 0 82 La App mail or by the Cir 2 22 06 sheriff LSA C C P 929 2d So 80 83 3C Hill v 1313C LSA R S 23 131 O Mutual s memorandum do not Liberty art procral requirements for a motn for summary judgment judgment by Liberty Mutual was properly before the OWC at the time this appeal meet the 2 therefore no motn for summary renred the judgment at issue La rerds raise Dr rdiac the genue Dunaway attack heart s progrsns are He of the not same ronary fd that the medil summary judgment that Mr Dunaway Dunaway experienced have the benef of nsir Mr Dunaway s to terme the While Dr supersedg a new examg work s artery disease that ed played his rdiac ndn not he did admtedly did preclu we also stated that is difficult Delafontae ttified that Mr 2002 se treatg physician ttified ntributn his work environment event In this issu of material fact that Mr Dugan episos 1985 882 883 977 So 2d 880 2 26 08 Mr strs and rdiac Dunaway and ndns his analysis Consirg fd that medil genue s cludg the nflictg issu of fact exist wh pensatn and the OWC 16 1 B the entire rerd for Mr regard to TIN s medil obligatn Summary judgment Dunaway opns was to provi appropriate judgment is hereby reversed acrdance wh URCA Rule Costs of this appeal are asssed to REVERSED 3 Temple Inland Corp we 2. The facts so found were as follows: Gaylord Contaer Corporatn owns and operat a paper manufacturg plant the Cy of Bogala, Louisiana, which occupi a large area of numero cy blocks of land. Furthermore, he had the general reputatn the muny of Bogala for drkg on equent ocsns and on at least one prev ocsn Gaylord's own employe, actg the urse of their employment, had him removed by police om their plant when he tried to enter a dnken ndn.

2 The appellants nce that Gaylord owed to Lloyd Miley the duty of matag the pathway a reasonably safe ndn, but they sist that, when he parted om the path available for his e, he beme a trpasser to whom Gaylord owed only the duty of reag om willfully or wantonly g him jury. 3 Appellants further sist that the doctre of last clear chance is not applible to this se, bee: "(A) As a ndn precent to the applitn of the doctre, the platiff mt prove that the fendant was negligent and this se there is no proof of negligence on Gaylord's part; "(B) The doctre of last clear chance only appli to a suatn where a fendant is ntrol of a movg, dangero stmentaly or force and where the failure of the fendant to arrt the movement of that force evably rults jury to the platiff.

GAYLORD CONTAER CORPORATN AND LIBERTY MUTUAL INSURANCE COMPANY, APPELLANTS, V. CHARLEY MILEY, APPELLEE, 230 F.2D 177 (5TH CIR. 1956)

4 Partly regnn of that duty, seems to , Gaylord mataed the high wire fence and the watchman service along the pathway. We agree wh the district urt that Gaylord's servants failed to perform their duty to Lloyd Miley after they disvered him a dnken and helpls ndn, head along the path toward the place where they uld reasonably anticipate that he might viate om the path and fall to this verable ath trap.