Imagine getting hurt on the job, seeking help from a good attorney, following all the court’s requirements, and still having all your claims denied because your opponent did not appear for a deposition. For Raymond Schultz (“Schultz”), an employee of Blanchard Contractors, this scenario became his reality after the District Court in Orleans Parish dismissed all his claims and denied his motion for a new trial.
Back in 2012, Schultz was injured in a work-related accident after he inadvertently touched an unmarked pressurized lever that spewed rust and slag, striking him in the stomach and knocking him into some nearby water from which he was later rescued. As a result, Schultz filed a negligence lawsuit against Cox Operating, L.L.C. (“Cox”) and Terry Vincent (“Vincent”) (collectively “Defendants”), alleging that each of the Defendants mentioned above fault caused his injuries.
Defendants countered Schultz’s claims using a legal argument. They argued that since Schultz was Cox’s statutory employee, this made him Vincent’s statutory co-employee, and Schultz’s sole remedy falls under the Louisiana Workers’ Compensation Act. Defendants argued this legal argument would cause his negligence claims to be effectively barred from the lawsuit. After the District Court heard motions on each side of these arguments, it allowed Schultz six months to conduct discovery to build his case for trial.