¶1For the reasons set forth in the companion case hereto, OMSI v. Alvin Joe Elliott, 03-1178 (La.App. 3 Cir. 03/03/04), 869 So.2d 300, 2004 WL 384895, the judgment of the trial court is affirmed. All costs of this appeal are assessed against Plaintiff/Appellant, OMSI.
¶2AFFIRMED.
¶3. Judge Arthur J. Planchará, Retired, participated in this decision by appointment of the Louisiana Supreme Court as Judge Pro Tem-pore.