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LLOYD v. SHADY LAKE NURSING HOME, INC.

No. 47,025-CA.

92 So.3d 560 (2012)

Edward E. LLOYD, Individually and as the Natural Tutor of Edward Caldwell, a Minor, Cheryl Caldwell, Kimberly Jackson, Eldrick Caldwell and Roy Caldwell, Plaintiffs-Appellants 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-Appellees.

Court of Appeal of Louisiana, Second Circuit.

May 9, 2012.

Attorney(s) appearing for the Case

The Jones Law Group, Monroe, LA, by Rosalind D. Jones , Frederick D. Jones , for Appellants.

Provosty, Sadler, deLaunay, Fiorenza & Sobel, Alexandria, LA, by Joseph J. Bailey , Jeremy C. Cedars , for Appellees.

Before BROWN, WILLIAMS, STEWART, DREW and LOLLEY, JJ.

STEWART, J.

Plaintiffs, the husband and children of Margaret Caldwell ("Caldwell"), appeal a judgment dismissing their wrongful death suit against the defendant, Shady Lake Nursing Home, Inc. ("Shady Lake"), for lack of subject matter jurisdiction and no right of action. The trial court found that workers' compensation provides the plaintiffs' exclusive remedy for the heart-related death suffered by Caldwell following an attack by William DiMaggio ("DiMaggio"), a...

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