Galloway Law Firm Secures Appeal Win in Louisiana's 3rd Circuit for Subcontractor Client
Galloway, Johnson, Tompkins, Burr & Smith's New Orleans team, led by Richard Duplantier and Megan Jackler, successfully secured a win in Louisiana’s 3rd Circuit Court of Appeals. The firm represented a Florida corporation serving as a subcontractor defendant in a case involving a lineman's injuries during telecom service restoration in September 2020. The energy company involved had sought indemnification from Galloway's client. The trial court initially granted summary judgment in favor of the energy company on the indemnity claim. Galloway appealed this decision, arguing that the trial court incorrectly interpreted the Louisiana Overhead Powerline Safety Act regarding the definition of an 'authorized person' and the requirement for advance notice. The appellate court reversed the summary judgment, interpreting Louisiana's legislative intent to place the burden of determining a lineman's qualifications on contracting parties and to apply the Act to lineman workers and other third parties in the chain of a...