McCOY v. WINN-DIXIE OF LOUISIANA, INC.

No. CA 95 1214.

672 So.2d 312 (1996)

Kelly B. MCCOY v. WINN-DIXIE OF LOUISIANA, INC.

Court of Appeal of Louisiana, First Circuit.

April 4, 1996.


Attorney(s) appearing for the Case

William E. Bradley, Mandeville, for Plaintiff-Appellant Kelly B. McCoy.

James M. Taylor, New Orleans, for Defendant-Appellee Winn-Dixie of Louisiana, Inc.

Before LeBLANC, WHIPPLE and FOGG, JJ.


WHIPPLE, Judge.

This case is before us on appeal from a judgment in favor of defendant, Winn-Dixie of Louisiana, Inc. (Winn-Dixie), and against plaintiff, Kelly B. McCoy, dismissing plaintiff's claim for worker's compensation benefits. For the reasons which follow, we vacate and remand.

FACTS AND PROCEDURAL HISTORY

Plaintiff was hired by Winn-Dixie on March 23, 1977 and was employed as a forklift operator/caseroom worker. On Friday, April 15, 1992...

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