TURNER v. WINN DIXIE LOUISIANA, INC.

No. 85-CA-141.

474 So.2d 966 (1985)

Charles TURNER v. WINN DIXIE LOUISIANA, INC.

Court of Appeal of Louisiana, Fifth Circuit.

Rehearing Denied September 17, 1985.

Writ Denied November 15, 1985.


Attorney(s) appearing for the Case

T. Peter Breslin, Gauthier, Murphy, Sherman, McCabe & Chehardy, Kenner, for plaintiff/appellee.

Dan R. Dorsey, Dorsey, Walker & Chisholm, River Ridge, for defendant/appellant.

Before KLIEBERT, BOWES and GAUDIN, JJ.


BOWES, Judge.

Defendant Winn Dixie has appealed a judgment of the trial court awarding plaintiff, Charles Turner, penalties and attorney's fees under La.R.S. 23:1361. We affirm as follows.

Charles Turner had been employed by Winn Dixie since 1968 as produce manager in one of its stores. In October, 1981, he injured his back while unloading a produce truck. Mr. Turner returned to work after a brief absence, and, in November, 1981, he reinjured his back in a...

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