ABDUL S. MUSA VERSUS LITTON-AVONDALE INDUSTRIES, INC., AVONDALE INDUSTRIES, INC., AVONDALE SHIPYARDS, INC. AVONDALE ENTERPRISES, INC., ABC CORPORATION(S), AND ABC INSURANCE COMPANY(S)
State: Louisiana
Docket No: 10-CA-627
Case Date: 03/01/2011
Preview: COURT OF APPEAL FIFTH CIRCUIT
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ABDUL S. MUSA NO. 10-CA-627
VERSUS FIFTH CIRCUIT
LITTON-AVONDALE INDUSTRIES, INC., COURT OF APPEAL
AVONDALE INDUSTRIES, INC., STATE OF LOUISIANA
AVONDALE SHIPYARDS, INC. AVONDALE ENTERPRISES, INC., ABC CORPORATION(S), AND ABC INSURANCE COMPANY(S)
ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT
PARISH OF JEFFERSON, STATE OF LOUISIANA
NO. 557-885, DIVISION "L"
HONORABLE DONALD A. ROWAN, JR., JUDGE PRESIDING
March 29, 2011
FREDERICKA HOMBERG WICKER
JUDGE
Panel composed of Judges Susan M. Chehardy, Fredericka Homberg Wicker, and Jude G. Gravois
DAVID A. DALIA Attorney at Law 830 Union Street Suite 302 New Orleans, LA 70112 COUNSEL FOR PLAINTIFF/APPELLANT
BRIAN C. BOSSIER
TARA NUNEZ SMITH
ERINH.BOYD
Attorneys at Law
3421 N. Causeway Boulevard
Ninth Floor
Metairie, LA 70002
COUNSEL FOR DEFENDANT/APPELLEE
AFFIRMED
This civil suit raises the question of whether the appellant is the borrowed
to the Longshore and Harbor Worker's Compensation Act (LHWCA) for injuries sustained while in the course and scope of his employment with International Marine. After that suit was settled, the appellant brought the present suit against Northrop Grumman -the employer at whose site he was assigned to work as a quality control inspector when the injury occurred. Northrop Grumman filed a motion for summary judgment, arguing that because the appellant was its borrowed employee, it was immune from tort liability. The trial court granted the motion for summary judgment and dismissed the suit. For the following reasons, we affirm.
Facts and Procedural History
Plaintiff/Appellant, Mr. Abdul Musa, answered an advertisement by International Marine, Inc., a subcontractor, who sought to fill various positions in
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