Filed: Nov. 15, 1995
Latest Update: Mar. 02, 2020
Summary: UNITED STATES COURT OF APPEALS For the Fifth Circuit No. 95-30648 Summary Calendar LARRY D. ANKUM, SR.; PATRICIA ANKUM, Wife, Plaintiffs-Appellants, FIDELITY & CASUALTY COMPANY OF NEW YORK, Intervenor-Appellant, VERSUS TRAVELERS INSURANCE COMPANY; AETNA CASUALTY & SURETY COMPANY, As Owners of Canal Place; INSURANCE COMPANY OF NORTH AMERICA (CIGNA), Defendants-Appellees. Appeal from the United States District Court For the Eastern District of Louisiana (94-CV-378-M) November 29, 1995 Before DAVIS
Summary: UNITED STATES COURT OF APPEALS For the Fifth Circuit No. 95-30648 Summary Calendar LARRY D. ANKUM, SR.; PATRICIA ANKUM, Wife, Plaintiffs-Appellants, FIDELITY & CASUALTY COMPANY OF NEW YORK, Intervenor-Appellant, VERSUS TRAVELERS INSURANCE COMPANY; AETNA CASUALTY & SURETY COMPANY, As Owners of Canal Place; INSURANCE COMPANY OF NORTH AMERICA (CIGNA), Defendants-Appellees. Appeal from the United States District Court For the Eastern District of Louisiana (94-CV-378-M) November 29, 1995 Before DAVIS,..
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UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 95-30648
Summary Calendar
LARRY D. ANKUM, SR.; PATRICIA ANKUM, Wife,
Plaintiffs-Appellants,
FIDELITY & CASUALTY COMPANY OF NEW YORK,
Intervenor-Appellant,
VERSUS
TRAVELERS INSURANCE COMPANY; AETNA CASUALTY
& SURETY COMPANY, As Owners of Canal Place;
INSURANCE COMPANY OF NORTH AMERICA (CIGNA),
Defendants-Appellees.
Appeal from the United States District Court
For the Eastern District of Louisiana
(94-CV-378-M)
November 29, 1995
Before DAVIS, BARKSDALE and DeMOSS, Circuit Judges.
PER CURIAM:*
The Travelers Insurance Company ("Travelers") owned the
premises commonly known as Canal Place, Phase II, which includes a
*
Local Rule 47.5 provides: "The publication of opinions
that have no precedential value and merely decide particular cases
on the basis of well-settled principles of law imposes needless
expense on the public and burdens on the legal profession."
Pursuant to that Rule, the Court has determined that this opinion
should not be published.
hotel, a retail mall and an attached parking garage located at 365
Canal Street, New Orleans, Louisiana. Travelers entered into a
management agreement dated May 1, 1991, with Canal Place
Management, Inc. ("CPMI") to manage and operate the premises owned
by Travelers. CPMI hired Larry D. Ankum, Sr. ("Ankum") as an
electrician on its full time staff to provide routine maintenance
and operation services in the premises owned by Travelers. On May
13, 1992, Ankum sustained an injury when a ladder which he was
using to string additional electrical lines for lights in the
retail area slipped and fell with him. Ankum received workers'
compensation benefits from the workers' compensation coverage
provided by his employer, CPMI.
On May 12, 1993, Ankum sued Travelers in Louisiana state court
alleging that Travelers' negligence caused his injury. On November
18, 1993, Ankum amended his state court petition to include
Insurance Company of North America ("INA") as the liability insurer
of Travelers. INA removed the case to the federal District Court
for the Eastern District of Louisiana based upon diversity of
citizenship. Fidelity & Casualty Company of New York ("Fidelity"),
who had paid compensation benefits to Ankum, intervened.
Travelers and INA moved for summary judgment arguing that
Ankum was a statutory employee of Travelers and that under LA. REV.
STAT. 23:1061(A), as amended effective January 1, 1990, Ankum cannot
assert a claim for negligence against Travelers. The parties
consented to a determination of the matter by a magistrate judge.
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The magistrate judge granted INA and Travelers' motion for summary
judgment. Ankum and Fidelity appealed to this Court.
We have carefully reviewed the briefs, the record excerpts and
the relevant portions of the summary judgment record itself. Under
the facts and law applicable to this case, we are satisfied that
the decision of the magistrate judge was correct. See Thompson v.
Georgia Pacific Corp.,
993 F.2d 1166 (5th Cir. 1993); Morgan v.
Gaylord Container Corp.,
30 F.3d 586 (5th Cir. 1994); and Kinsey v.
Farmland Industries, Inc.,
39 F.3d 603 (5th Cir. 1994).
AFFIRMED
3