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ROGERS v. LOUISIANA DEPT. OF CORRECTIONS

No. 43,000-CW.

982 So.2d 252 (2008)

Will ROGERS and Meshelle Taylor as Tutor and Undertutrix of Minor Children Depageon Marques Leguan Taylor and Imiya Lashelle Renea Taylor, Plaintiffs-Applicants v. LOUISIANA DEPARTMENT OF CORRECTIONS, Webster Parish Sheriff's Office, Labor Finders and Springhill Pallet Company, Defendants-Respondents.

Court of Appeal of Louisiana, Second Circuit.

April 30, 2008.

Attorney(s) appearing for the Case

Hollis, Washington & Wells, by Alex J. Washington, Jr., Shreveport, for Plaintiffs-Applicants.

Cook, Yancey, King & Galloway, by James R. Sterritt, Shreveport, for Defendant-Respondent Webster Parish Sheriff's Office.

Jeansonne & Remondet by Michael J. Remondet Donovan J. O'Pry, II Lisa C. McCowen, Lafayette, for Defendant-Respondent Springhill Pallet Company.

Before GASKINS, PEATROSS and LOLLEY, JJ.

GASKINS, J.

The plaintiffs filed a wrongful death and survival action arising from the death of Marcus Rogers which occurred while he was working at Springhill Pallet Company (Springhill). Springhill filed a motion for summary judgment in the trial court claiming that the plaintiffs' exclusive remedy was in workers' compensation. The trial court denied the motion. Springhill filed a writ application seeking supervisory review of the trial court ruling. This court...

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