Legal Opinion

Owens v. State

Louisiana Court of Appeal

Decided February 25, 2015No. 14-725PublishedCited by 2 opinions

1Opinion of the Court

SAUNDERS, Judge.

_|jThis is an appeal regarding whether an employee’s tort suit against his employer was properly dismissed via an exception of no right of action. The employee contends that he very clearly alleged that the employer was intentionally tortious, and, thus, he had a remedy against that employer in tort. The employer contends that the employee’s remedy is exclusively in workers’ compensation.

We find that the trial court erroneously granted the employer’s exception of no right of action. Accordingly, we reverse the trial court’s judgment and remand the matter for further…

2Cases cited21 opinions

  1. Capo v. BlanchardLouisiana Court of Appeal · 1924
  2. Industrial Companies, Inc. v. DurbinSupreme Court of Louisiana · 2003
  3. Babineaux v. Pernie-Bailey Drilling Co.Supreme Court of Louisiana · 1972
  4. Caudle v. BettsSupreme Court of Louisiana · 1987
  5. Bielkiewicz v. RudisillLouisiana Court of Appeal · 1967

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3Cited by2 opinions

  1. Montgomery v. LesterLouisiana Court of Appeal · 2016
  2. Jim Montgomery, Et Ux. v. Mr. and Mrs. Ronnie LesterLouisiana Court of Appeal · 2016

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