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WEBER v. STATE

No. 91-676.

608 So.2d 1016 (1992)

Theresa WEBER, Individually, and on behalf of her minor child, Anthony Weber; Johnny Weber and Charles Weber, Jr., Plaintiffs-Appellants, v. STATE of Louisiana, Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied December 8, 1992.

Writ Granted February 11, 1993.

Attorney(s) appearing for the Case

Baggett, McCall, Robert C. McCall, Lake Charles, for plaintiffs-appellants.

Plauche, Smith, Michael J. McNulty III, Lake Charles, for defendant-appellee.

Before DOMENGEAUX, C.J., and COREIL and PATIN, JJ., Pro Tem.

JOHN A. PATIN, Judge Pro Tem.

This is an appeal from a judgment sustaining a peremptory exception of no cause of action. The trial court ruled that the exclusive remedy was under the provisions of the Louisiana Worker's Compensation statute, La.R.S. 23:1032 et seq.

On April 17, 1989, Theresa Weber, widow of Charles Weber, Sr. filed a petition styled "claim for wrongful death." Named as defendants on Weber's petition were "[t]he State of Louisiana and its departments...

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