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LLOYD v. SHADY LAKE NURSING HOME, INC.

No. 45,180-CW.

47 So.3d 609 (2010)

Edward E. LLOYD, Individually and as the Natural Tutor of Edward Caldwell, a Minor, Cheryl Caldwell, Kimberly Jackson, Eldrick Caldwell, and Roy Caldwell, Plaintiffs v. SHADY LAKE NURSING HOME, INC., XYZ Insurance Company, Louisiana Nursing Home Association Malpractice and General Liability Trust, Louisiana Nursing Home Association of Professional and General Liability Trust, and The Estate of William P. Dimaggio, Defendants.

Court of Appeal of Louisiana, Second Circuit.

August 25, 2010.

Attorney(s) appearing for the Case

Joseph J. Bailey , Jeremy C. Cedars , Provosty, Sadler, deLaunay, Fiorenza & Sobel, Alexandria, LA, for Defendant-Applicant, Shady Lake Nursing Home, Inc.

Charles Dean Jones , for Plaintiffs-Respondents.

Before BROWN, STEWART, and LOLLEY, JJ.

STEWART, J.

Plaintiffs, the husband and children of Margaret Caldwell, filed a wrongful death action against her employer, Shady Lake Nursing Home, Inc. ("Shady Lake").1 Cross motions for summary judgment filed by the parties raised the issue of whether plaintiffs' sole and exclusive remedy was under the Louisiana Workers' Compensation Act ("LWCA") or whether plaintiffs could pursue their tort action. The trial court denied both motions...

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