On December 19, 2023, Josh Keller and Jose Ruiz secured a rare per curiam opinion from the Louisiana Supreme Court in which the Court reversed the District Court and the Fourth Circuit Court of Appeal and granted the defense Motion for Summary Judgment.  In Diaz-Molina, Plaintiff was an employee of the defendant when he was injured at the defendant’s personal residence.  At the time, Plaintiff was attempting to set fire to a pile of debris when it suddenly burst into flames.  After the incident, Plaintiff filed a workers’ compensation claim and at the same time a tort suit against the same defendant. After settlement of his comp claim, the defense moved for summary judgment in the tort suit based on the exclusivity provisions of the Louisiana Workers’ Compensation Act. 

The district court denied the Motion for Summary Judgment and the Fourth Circuit Court of Appeal denied supervisory review.  Thereafter, the defense filed a writ of certiorari to the Louisiana Supreme Court.  After issuing a 966(h) order, the Court reversed both the district court and Fourth Circuit Court of Appeal. 

Specifically, the Court found that Plaintiff admitted his employment with defendant when he filed and settled his workers’ compensation claim. The Court granted summary judgment and dismissed the defendant with prejudice as a matter of law.  In doing so, the Supreme Court also cited to Jones v. Whips Electric, a case in which Mr. Keller secured a reversal of both lower courts on a summary judgment motion from the Supreme Court in 2022.