Opinion
No. 95-C-1843
November 13, 1995
IN RE: Coleman, Russell; — Plaintiff(s); Applying for Writ of Certiorari and/or Review; to the Court of Appeal, First Circuit, Number CA94 1268; Parish of St. Mary Sixteenth Judicial District Court Div. "F" Number 90,496-F
ON WRIT OF REVIEW TO THE COURT OF APPEAL FIRST CIRCUIT, STATE OF LOUISIANA
Granted. See order.
JCW
PFC
WFM
BJJ
JPV
LEMMON, J. would grant and docket.
KIMBALL, J. would grant and docket.
Writ granted.
The trial court erred in granting a partial summary judgment decreeing that plaintiff, Russell Coleman, was not an employee or a borrowed employee of Robicheaux Airboats, Inc. and not entitled to Jones Act seaman's status as to Robicheaux. An employee may have more than one Jones Act employer. A partial summary judgment rejecting a theory of recovery is contrary to LSA-C.C.P. art. 1915 and promotes piecemeal litigation. Summary judgment on the issue of seaman's status is generally inappropriate. McDermott International Inc. v. Wilander, 498 U.S. 337, 111 S.Ct. 807, 112 L.Ed.2d 866 (1991). There are disputed issues of material fact precluding summary disposition of Russell Coleman's claim of seaman's status as to Robicheaux.
For the foregoing reasons, the writ is granted; the court of appeal judgment is reversed; the trial court judgment is vacated; and the case is remanded to the trial court for further proceedings.
REVERSED AND REMANDED.
LEMON and KIMBALL, JJ. would grant and docket.