John McKeane has filed a lawsuit against LA Ren Fest, LLC, War Horse Productions, Inc., and Louisiana Workers’ Compensation Corporation, LLC (LWCC) for workers' compensation benefits. The case is being heard in the State of Louisiana Court of Appeal, First Circuit under court case ID 2023 CA 1003. The judgment was rendered on May 9, 2024.
McKeane was employed by War Horse Productions and sustained injuries while performing as a jouster at the Louisiana Renaissance Festival on November 6, 2021. He filed for workers' compensation benefits claiming both War Horse Productions and LA Renfest were his employers. LA Renfest and LWCC moved for summary judgment asserting McKeane was exempt from coverage under La. R.S. 23:1035(B)(2). The workers' compensation judge granted this motion on June 9, 2023.
McKeane's appeal argues that the exemption statute should not apply to him as he was not merely a performer but also a farmhand and competing jouster. He contends that the statute's language should be interpreted narrowly to apply only to "musical performers."
McKeane seeks to overturn the dismissal of his claim for workers' compensation benefits and obtain coverage for his injuries sustained during the performance at the festival.
Justices Therior Penzato and Greene all concur the lower court did not err in its granting of the motion for summary judgment filed by LA Renfest and LWCC nor did it err in dismissing the Mr. Keane's claim for workers compensation. They did believe that the judgment granting the motion for summary judgment filed by War Horse Productions should be reversed because they failed to raise any argument or file and evidence of their own in support of its motion.