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MITCHELL v. ABERNATHY

No. 2000 CA 2375.

815 So.2d 110 (2002)

Jan MITCHELL v. James W. ABERNATHY and State Farm Mutual Automobile Insurance Company.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied April 17, 2002.

Attorney(s) appearing for the Case

Leonard J. Cline, Thomas G. Robbins, Metairie, for Plaintiff-Appellee Jan Mitchell.

John E. McAuliffe, Jr., Gerard J. Dragna, Frederick Miller & Associates, Metairie, for Defendants-Appellees James W. Abernathy and State Farm Mutual Automobile Insurance Co.

Richard P. Ieyoub, Gloria Angus-Bolds, Office of Attorney General, Baton Rouge, for Intervenor-Appellant State, through Department of Public Safety and Corrections.

Before: CARTER, C.J., PARRO and CLAIBORNE, JJ.

PARRO, J.

The State, through the Department of Public Safety and Corrections (DPSC), appeals the dismissal of its workers' compensation intervention in the tort suit of its employee. For the following reasons, the judgment of the trial court is reversed, and this matter is remanded for further proceedings.

Factual Background and Procedural History

On December 5, 1997, Jan Mitchell (Mitchell) was in the course and scope of her employment with...

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