A Louisiana appellate court overturned a grant of summary judgment dismissing a worker’s civil suit against a co-employee and his employer, finding there was a triable question as to whether the defendants knew, or should have known, his injuries were substantially certain to occur.
Case: Wimbley v. McLiney Centers LLC, No. 23-305, 04/09/2025, published.
Facts: Johnny Wimbley worked for McLiney Centers LLC, which did business as Sutherlands HomeBase. He suffered injuries in April 2019 while at work.
The accident happened when his co-worker, Edward Acevedo, was trying to place a tiller...
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