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02/18/2011 "See News Release 011 for any Concurrences and/or Dissents." SUPREME COURT OF LOUISIANA NO. 2010-C-2268 CONSOLIDATED WITH No. 2010-C-2281 DANIEL MORENO versus ENTERGY CORPORATION, ENTERGY GULF STATES, INC., ENTERGY LOUISIANA, LLC, EAGLE ENTERPRISES OF JEFFERSON, LAFAYETTE INSURANCE COMPANY, WALGREENS LOUISIANA CO., INC., ABC INSURANCE CO. AND THE PARISH OF JEFFERSON ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FIFTH CIRCUIT, PARISH OF JEFFERSON PER CURIAM This case presents a straightforward, but novel, issue: whether there exists in Louisiana law an "exception of no cause of action based on prematurity," and, if so, whether the court of appeal may supply this exception on its own motion. The answer to both questions is no. We therefore reverse the judgment of the court of appeal and remand for further consideration. PROCEDURAL HISTORY Plaintiff Daniel Moreno was injured while working near an overhead power line in Jefferson Parish. Moreno sued numerous defendants, including Entergy, the owner of the power lines.1 Entergy filed several third party cross-claims, which are the subject of these consolidated writs.

The record before us is not clear on the relationship, if any, between Entergy Corporation, Entergy Gulf States, LLC, and Entergy Louisiana, LLC. Although we generally refer to these entities as "Entergy" for the sake of convenience, the writ before us was filed on behalf of Entergy Louisiana, LLC.
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Entergy seeks indemnity based on the Overhead Power Line Safety Act, La. Rev. Stat.

Download 2010-C-2268 DANIEL MORENO v. ENTERGY CORPORATION, ENTERGY GULF STATES, INC., ENT

Louisiana Law