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NAME UNPUBLISHED v. SOUTHERN BAPTIST HOSP.

No. 12222.

415 So.2d 993 (1982)

NAME UNPUBLISHED v. SOUTHERN BAPTIST HOSPITAL, et al.

Court of Appeal of Louisiana, Fourth Circuit.

June 2, 1982.

Attorney(s) appearing for the Case

Gertler & Gertler, Donald M. Pierce, New Orleans, for plaintiff-appellant.

David M. Packard, Metairie, for defendants-appellees.

Before REDMANN, C. J., and GULOTTA and KLEES, JJ.

REDMANN, Chief Judge.

Plaintiff appeals from a summary judgment dismissing her action, clearly phrased as one for delictual damages, against a hospital and its insurer.1 The basis of the summary judgment is exclusivity of workers' compensation, La.R.S. 23:1032, notwithstanding that the employer was not paying and had not tendered workers' compensation benefits at the time the action was filed...

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