McClendon v. Mid-City Discount Drugs, Inc.

SPINDEN, Judge.

Evelyn McClendon and her children, Christopher Mark McClendon and Mack Fitzgerald McClendon, appeal the trial court’s dismissal of their lawsuit for the wrongful death of McClendon’s husband. The court dismissed their petition on the ground that the court lacked subject matter jurisdiction because the matter involved a workers’ compensation claim and was, therefore, within the exclusive jurisdiction of the Division of Workers’ Compensation. We reverse the trial court’s dismissal and remand for further proceedings.

The McClendons’ lawsuit arose out of the death of Mack McClendon…