517 louisiana houston

The sole issue on appeal is the "intentional act" exception to the immunity of an employer in tort. On August 23, , while in the course and scope of her employment, plaintiff was injured when she tripped on the carpet as she was exiting the trailer where she worked in Houma, Louisiana.

Plaintiff sought damages in tort based on negligence and strict liability. Defendant contended that, as a matter of law, the exclusive remedy available to plaintiff was worker's compensation, as provided by LSA-R. Plaintiff filed a Motion to Amend her original petition to add the allegation that SLMA intended to cause her harm by failing to maintain the rug where she fell.

The trial judge denied defendant's motion for summary judgment, finding that defendant treated the motion as if it were an exception of no cause of action, discussing only the allegations of plaintiff's petition.

In written reasons for judgment, the trial judge concluded that defendant failed to demonstrate sufficient evidence showing that there was no material fact issue as to defendant's intent. This deposition disclosed the following facts: 1 the carpet in question was bunched up against the metal stripping which holds down the carpet in the doorway of the trailer; 2 the carpet caught the heel of plaintiff's shoe and she tripped; 3 plaintiff was aware of problems with the carpet and these problems had been reported to the maintenance department and the supervisor in charge of the trailer; and 4 plaintiff stated that no one person intended her injury, nor did anyone do anything to make certain that her accident occurred.

Plaintiff re-submitted her original memorandum in opposition to defendant's motion, along with her own affidavit claiming that defendant intended to cause her harm by its total disregard for her safety.

Plaintiff argues on appeal that there are material issues of fact in dispute pertaining to defendant's intent to harm plaintiff. In order to avoid the general rule that an employee's exclusive remedy for a job related injury is worker's compensation, the employee must prove that the injury resulted from an intentional act. Valentine Sugars, Inc. The Louisiana Supreme Court, in Bazley v.

Tortorich, So. Bazley, at In the instant case, plaintiff stated in a deposition that no one employed by defendant, SLMA, desired to bring about her injuries. Gulf States Utilities Co. Thus, even though a defendant's conduct is negligent, or even grossly negligent, that conduct is not such as will allow the legal imputation of intent. Gallant v. Transcontinental Drilling Co. Today, the building at Louisiana remains a storage facility for the Lancaster hotel. The block of Louisiana Street has witnessed the ever changing urban landscape of Houston.

In just over one hundred years, the block has changed from a residential street, with only a few houses, into a working-class commercial district, a center for liveries and car garages, for tailors and soldiers, for magicians and musicians, for a fancy hotel and a blues bar that welcomed all races; into a deserted and decrepit place, and a partially demolished place; and finally into a place of international-caliber architecture and fine arts.

The ability of the block to evolve without a complete loss of its historic fabric has enabled the area to prosper. The building located at Louisiana has remained the one true constant on the block for over a century. For a city like Houston, which does not have many century-old buildings, it has unique architectural qualities.

From the standpoint of preservation, it is a testament to the ability of a space to adapt for new use and remain a viable commercial building. Finally, this building has witnessed the complicated history of Houston. The competing narratives for the city — how it was built, who it belongs to, what its core identity is — are evident in the brick and the granite, and the stories we can tell about them. You are commenting using your WordPress.

You are commenting using your Google account. You are commenting using your Twitter account. You are commenting using your Facebook account. Notify me of new comments via email. Notify me of new posts via email. You must be logged in to post a comment. A People's Guide to Houston. Skip to content. Share this: Twitter Facebook. Like this: Like Loading This entry was posted in Uncategorized. I like that The Lancaster is still alive in Houston though…. Too late. Classic Houston, just classic!

Historically significant architecture for parking? The last tenant in the Building was the Bennett Law Firm. Prior to that Robin Holland has his law practice there for 15 years.

Great neighborhood to have a law office with the federal courthouse two blocks away and the state courthouses within walking distance. Lots of attorneys, law clerks, staff, and interns work behind the red bricks. A bit late on a reply on my behalf. I just stumbled upon this today.