Legal Opinion

Lloyd v. Shady Lake Nursing Home, Inc.

Louisiana Court of Appeal

Decided May 9, 2012No. 47,025-CAPublishedCited by 8 opinions

1Opinion of the CourtStewart, J.

|! Plaintiffs, the husband and children of Margaret Caldwell (“Caldwell”), appeal a judgment dismissing their wrongful death suit against the defendant, Shady Lake Nursing Home, Inc. (“Shady Lake”), for lack of subject matter jurisdiction and no right of action. The trial court found that workers’ compensation provides the plaintiffs’ exclusive remedy for the heart-related death suffered by Caldwell following an attack by William DiMaggio (“DiMaggio”), a resident of Shady Lake where she was employed as a certified nursing assistant (“CNA”). Finding no error in the trial court’s judgment, we…

Also in this document: Dissent.

2Cases cited21 opinions

  1. Stobart v. State Through DOTDSupreme Court of Louisiana · 1993
  2. Bazley v. TortorichSupreme Court of Louisiana · 1981
  3. White v. Monsanto Co.Supreme Court of Louisiana · 1991
  4. Reeves v. Structural Preservation SystemsSupreme Court of Louisiana · 1999
  5. O'REGAN v. Preferred Enterprises, Inc.Supreme Court of Louisiana · 2000

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3Cited by8 opinions

  1. Rain & Hail, L.L.C. v. DavisLouisiana Court of Appeal · 2015
  2. Brookshire Grocery Co. v. Musculoskeletal Institute of Louisiana, A.P.M.C.Louisiana Court of Appeal · 2016
  3. Owens v. StateLouisiana Court of Appeal · 2015
  4. Marziale v. New Orleans Police Department C.C.M.S.I.Louisiana Court of Appeal · 2013
  5. Elizabeth Hill and John G. Hill v. Darcy Franklin, East Baton Rouge Parish School System and XYZ Insurance CompanyLouisiana Court of Appeal · 2024

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