WHITEHEAD v. ZURICH AMERICAN INS. CO.

No. 02-60907.

348 F.3d 478 (2003)

Lester WHITEHEAD, Plaintiff-Appellant, v. ZURICH AMERICAN INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 18, 2003.


Attorney(s) appearing for the Case

David Michael Brisolara (argued), Law Offices of Kathleen L. Smiley, Gulfport, MS, for Plaintiff-Appellant.

John D. Price, Gretchen Winstead, Wise, Carter, Child & Caraway, Meta S. Swain (argued), Brunini, Gratham, Grower & Hewes, Jackson, MS, for Defendant-Appellee.

Before BARKSDALE, DeMOSS and BENAVIDES, Circuit Judges.


DeMOSS, Circuit Judge:

Plaintiff-Appellant, Lester Whitehead ("Whitehead"), appeals the dismissal of his intentional tort claims against Defendant-Appellee, his employer's workers' compensation insurance carrier, Zurich American Insurance Company ("Zurich"). The district court dismissed Whitehead's claim as premature because he had failed to exhaust his administrative remedies. The district court also denied Whitehead's motion to amend his complaint and add his employer...

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