Appellate Court Remands La. Worker's Tort Action for Constitutionality Ruling

GRETNA, La. - A Louisiana appellate panel has remanded a workplace exposure case for a ruling on the constitutionality of an indemnity agreement that a third-party defendant says gives it the same limited liability as the employer. Johnson v. Motiva Enterprises, LLC, et al., No. 11-CA-949 (La. Ct. App., 5th Cir.).

Louisiana's Fifth Circuit Court of Appeal on May 8 vacated the trial court judgment in favor of Motiva Enterprises LLC, saying the trial court must first rule on the constitutional question.

Vincent E. Johnson contends that he suffered disabling injuries when accidentally sprayed with toxic chemicals while engaged as …