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HOLLIDAY v. STATE EX REL. FIN. ASSISTANCE

No. 98 CA 2196.

747 So.2d 755 (1999)

Lottie HOLLIDAY, Individually and as Tutrix of the Minor Children, Rashonda R. Holliday, Quinton A. Holliday, Henry J. Holliday and Dawn L. Wright v. STATE of Louisiana, Through the OFFICE OF FINANCIAL ASSISTANCE; City of Baton Rouge, through the City Police Department; and Vinson Guard Services.

Court of Appeal of Louisiana, First Circuit.

December 28, 1999.

Attorney(s) appearing for the Case

John W. Perry, Jr., Baton Rouge, LA, Fernand L. Laudumiey, III, New Orleans, LA, Paul H. Due, Baton Rouge, LA, for appellees plaintiffs, Lottie Holliday, et al.

W. Wayne Gaudin, Jr., Baton Rouge, LA, for appellant defendant, Student Financial Assistance.

Adriel G. Arceneaux, New Orleans, LA, for Vinson Guard Services, Inc.

James L. Hilburn, Baton Rouge, LA, for City of Baton Rouge/Parish of East Baton Rouge.

BEFORE: FOIL, FOGG and GUIDRY, JJ.

FOIL, J.

At issue in this case is whether an employer is entitled to invoke the immunity provision of the workers' compensation law, where the incident giving rise to a tort suit is specifically excluded from coverage by the compensation law. We hold the trial court properly found that the employer is not immune from tort suit, and we affirm.

BACKGROUND

This tort litigation arises from a shooting incident at a workplace. Andrea Wright, an employee...

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