Murphy v. National Union Fire Insurance Co.

WILLIAMS, Judge.

In this appeal, plaintiff claims the trial court erred in maintaining defendants’ dilatory exception raising the objection of prematurity. Plaintiff asserts his worker’s compensation suit was wrongfully dismissed because his petition complied with the pleading requirements of LSA-R.S. 23:1314(A). We disagree and affirm the lower court’s judgment. The trial court properly maintained the dilatory exception and dismissed plaintiff’s petition because LSA-R.S. 23:1314(B) directs that, when plaintiff’s petition makes the allegations required by Subsection A “without reasonable cause…