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A fact is material if it potentially insures or precludes recovery, affects a litigant's ultimate success, or determines the outcome of the legal dispute. Not Designated for Publication. Ernest N. Guichard Operating Company, , p. FootNotes 1.

Court luckys casino houma Appeals of Louisiana, First Circuit. Roberson and another employee, Schaeffer Francis, while robbing the casino.

It was alleged that Ms. Accordingly, we find no error in the trial court's dismissal of the plaintiffs tort action against Houma-Coteau and American Guard on summary judgment.

Citing Cases.

After carefully reviewing the evidence presented herein on the motion for summary judgment, we find that no genuine issue of material fact exists concerning the factual determination of whether a joint venture existed between Houma-Coteau, American Guard, and Rosbottom Employees with regard to the operation of Lucky's Casino; we conclude the trial court was correct in finding that each of these companies was a joint employer of Brenda Roberson and as such were each entitled to the benefit of the exclusivity provisions of the Louisiana Workers' Compensation Law. Roberson was "jointly employed" by Rosbottom Employees, L. Coleman, La. In opposition to the defendants' motion, the plaintiff, Phillip Roberson, submitted his own affidavit into the record, stating:. Samaha v. This is an appeal from a summary judgment in a tort suit dismissing as defendants two companies found to be joint employers entitled to the tort immunity under the exclusivity provisions of the Louisiana Workers' Compensation Law. If the opponent of the motion fails to do so, there is no genuine issue of material fact and summary judgment will be granted. Vankerkhove, , p. For the reasons stated herein, the judgment of the trial court dismissing the defendants, Houma-Coteau Holdings, L. View Case Cited Cases. The essential elements of a joint venture are generally the same as those of a partnership, namely, two or more parties combining their property, labor, skill, etc. When a motion for summary judgment is made and supported as provided in LSA-C. The determination of who was plaintiffs decedent's actual and factual "employer" presents issues of fact, which cannot be resolved absent a fact-finder weighing the evidence, and making factual findings. The summary judgment procedure is designed to secure the just, speedy, and inexpensive determination of every action, except those disallowed by LSA-C. The Louisiana Workers' Compensation Act provides the exclusive remedy against an employer for the injury or death of an employee. BFI of Louisiana, Inc. The text of LSA-R. Guichard Operating Company, at p. Click on the case name to see the full text of the citing case. In accordance with the trial court ruling, a judgment was signed on November 3, , granting the defendants' motion for summary judgment and dismissing the plaintiffs suit as to Houma-Coteau and American Guard. Richard v. Under these circumstances there is in reality only one employer, namely the partnership or joint enterprise. Listed below are the cases that are cited in this Featured Case. On March 3, Brenda B. Each partner controls the work for the benefit of himself and the other partners as well. Listed below are those cases in which this Featured Case is cited. Hines v. Cantrell stated that three employees worked at the casino on each eight-hour shift: a cashier, a security guard, and a manager. C, is affirmed. The answers to interrogatories also stated that neither Houma-Coteau nor American Guard had any employees that were paid directly by those companies; all employees working at the casino were paid by Rosbottom Employees. Robertson's estate. Roberson's son, Phillip Roberson, individually, and on behalf of Ms. Further, plaintiff alleges that defendants "knew or should have known that given Ms. If the work being done by an employee at the time of accident was in furtherance of a joint enterprise shared by all employers, so that each of them had a direct financial interest in the entire job, the court is presented with a case of partnership or joint enterprise liability. Because it is the applicable substantive law that determines materiality, whether a particular fact in dispute is material can be seen only in light of the substantive law applicable to the case. Hall, , p. Roberson should not have been assigned to this detail. In the instant case, the defendants' contention that a joint venture existed between Houma-Coteau, American Guard, and Rosbottom Employees, rendering all three companies joint employers of Ms. American Employers Insurance Company, So. Rau, , pp. See also McGregor v. American National Property and Casualty Company, , p. Reply Flag as Offensive. What constitutes a joint venture is a question of law, while the existence or nonexistence of a joint venture is a question of fact. Houma-Coteau and American Guard further pled the following affirmative defenses:. Appellate courts review summary judgments de novo under the same criteria that govern a trial court's consideration of whether summary judgment is appropriate. The plaintiff also alleged that the casino operators knew or should have known that such an incident would or could occur and should have properly equipped and trained the security guards to handle such an occurrence. On September 29, a petition for damages and wrongful death was filed by Ms. Deshotel v. A partnership is a juridical person, distinct from its partners, created by a contract between two or more persons to combine their efforts or resources in determined proportions and to collaborate at mutual risk for their common profit or commercial benefit. The same requisites are applicable to a joint venture and are as follows: 1 a contract between two or more persons; 2 a juridical entity or person is established; 3 contribution by all parties of either efforts or resources; 4 the contribution must be in determinate proportions; 5 there must be joint effort; 6 there must be a mutual risk vis-a-vis losses; 7 there must be a sharing of profits. The same general principles would appear to apply for other joint enterprises, such as a joint venture. Garrett, , p. If he does not so respond, summary judgment, if appropriate, shall be rendered against him. Garrett, So. The September affidavit testimony of Gregory Cartolano, 3 filed into the record, corroborated the information provided in the answers to interrogatories and stated as follows:. Thereafter, Houma-Coteau and American Guard filed a motion for summary judgment based on the contention that the plaintiffs action is barred by the exclusivity provisions of the Louisiana Workers' Compensation Act, found in LSA-R. Roberson was aware that her employment extended to a group of affiliated entities. However, if the moving party will not bear the burden of proof on the issue at trial and points out that there is an absence of factual support for one or more elements essential to the adverse party's claim, action or defense, then the non-moving party must produce factual support sufficient to establish that he will be able to satisfy his evidentiary burden of proof at trial. All doubts should be resolved in the non-moving party's favor. Louisiana Agricultural Finance Authority, , p. United Film Corporation, So. A genuine issue is one as to which reasonable persons could disagree; if reasonable persons could reach only one conclusion, there is no need for trial on that issue and summary judgment is appropriate. Peterson v. Roberson and subject to the exclusivity provisions of the Louisiana Workers' Compensation Act, is supported by answers to interrogatories filed into the trial court record, which stated, in pertinent part:. Babineaux v. In ruling on a motion for summary judgment, the judge's role is not to evaluate the weight of the evidence or to determine the truth of the matter, but instead to determine whether there is a genuine issue of triable fact. Your Email. Click the citation to see the full text of the cited case. For the reasons that follow, we affirm. Roberson's age and abilities, or lack [thereof], and the possibility of such an occurrence as this, that Ms. Southeastern Drilling Corporation, So. Citations are also linked in the body of the Featured Case. Your Name. Cited Cases No Cases Found. Despite the assertions in the plaintiffs affidavit, a document signed by Brenda Roberson on April 27, was filed into the record, entitled "Rosbottom Interests Confidentiality Agreement and Covenant Not to Compete," whereby she acknowledged the following, in pertinent part:. In order to subject several employers exercising joint control over an employee to the employee's workers' compensation claim, it is not necessary that each partner or joint venturer personally control work of the injured employee; it is sufficient that the joint venturers are engaged in common enterprise contemplating employment and control of the employee by one of the interested parties for the benefit of all. Thus, it is clear that Ms. Intrepid, Inc. In my view, this is simply not a case for summary judgment. A hearing on the motions for summary judgment was held October 24, , during which the trial gave the following oral reasons for judgment:. On motion for summary judgment, the burden of proof remains with the movant. As a result, joint ventures are generally governed by the law of partnership. State ex rel. Summary judgment shall be rendered in favor of the mover if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to material fact and that mover is entitled to judgment as a matter of law. A joint answer was filed by Houma-Coteau Holdings, L. Comments Characters Remaining. Liberty Mutual Insurance Company, So.