Donnie P. Theriot and Torie LeBoeuf Theriot, individually and on behalf of the minors, Owen Paul Theriot and Reed Ryan Theriot v. Total Wireline Services, Inc. ( 2019 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
DONNIE P. THERIOT AND TORIE NO. 2019 CW 0762
LEBOEUF THERIOT,
INDIVIDUALLY AND ON BEHALF
OF THE MINORS, OWEN PAUL
7HERI07 AND REED RYAN
7HERI07
VERSUS
TOTAL WIRELINE SERVICES,
INC.
CONSOLIDATED WITH
DONNIE P. THERIOT AND TORTE NO. 2019 CW 0765
LEBOEUF THERIOT,
INDIVIDUALLY AND ON BEHALF
OF THE MINORS, OWEN PAUL
THERIOT AND REED RYAN
THERIOT
VERSUS
DEC 10 2019
TOTAL WIRELINE SERVICES,
INC.
In Re: Total Wireline Services, Inc. and Perry F. Perrin;
Liberty Mutual Insurance Company, applying for
supervisory writs, 32nd Judicial District Court,
Parish of Terrebonne, No. 175, 659.
BEFORE: MCDONALD, THERIOT, AND CHUTZ, JJ.
WRIT GRANTED. The district court' s judgment of
May 10,
2019, denying defendants/ relators, Total Wireline Services, Inc.
and Perry F. Perrin' s Motion for Summary Judgment, and Liberty
Mutual Insurance Company' s Motion for Summary Judgment, is
hereby reversed. Herein, plaintiff/ relator, Donnie P. Theriot,
was an experienced repairman and, considering the nature of the
boat' s damage, Total Wireline Services, Inc. and Perry F. Perrin
owed no duty to warn him about the risk posed by gasoline
leaking onto the water following the boat' s submersion. See
Sanders v. Posi- Seal International, 93- 1007 ( La. App. 1st Cir.
4/ 8/ 94), 635 So. 2d 760 & Doucet v. Superior Gauging Services,
Inc., 2018- 861 ( La. App. 3d Cir. 4/ 17/ 19), 268 So. 3d 1082.
Accordingly, judgment is entered in favor of Total wireline
Services, Inc. and Perry F. Perrin, their motion for
granting
summary judgment, and Liberty Mutual Insurance Company, granting
its motion for summary judgment.
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