Opinion
NO. 2015 CW 0804
08-21-2015
MICHAEL LAWRENCE v. MANDA PACKING CO. LLC, SHERIFF SID GAUTHREAUX; EX OFFICIO AS THE ADMINISTRATOR OF THE EAST BATON ROUGE PARISH WORK RELEASE; AND STATE OF LOUISIANA THROUGH LOUISIANA DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS
In Re: Manda Packing Co., LLC, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 628,541. BEFORE: McDONALD, McCLENDON, AND THERIOT, JJ.
WRIT GRANTED. Pursuant to a de novo review, we find that defendant-relator, Manda Packing Co., L.L.C., established that there is no disputed issue of material fact that it was the employer of Michael Lawrence and Lawrence's exclusive remedy is in workers' compensation. Lawrence failed to come forth with any evidence disputing that fact. Therefore, the trial court erred in failing to grant summary judgment. Reynolds v. Louisiana Plastic, 44, 803 (La. App. 2 Cir. 10/28/09), 26 So.3d 149, writ denied, 09-2805 (La. 3/5/10), 28 So.3d 1013; Rogers v. Louisiana Department of Corrections, 43,000 (La. App. 2 Cir. 4/30/08), 982 So.2d 252, writ denied, 2008-1178 (La. 9/19/08), 992 So.2d 931; Clinton v. Reigel By-Products, Inc., 42,497 (La. App. 2 Cir. 9/19/07), 965 So.2d 1006. See La. Atty. Gen. Op. Nos. 00-501, 94-456, 79-1502. See also Ardoin v. SWDI, 2005-334 (La. App. 3 Cir. 11/2/05), 915 So.2d 1012. Cf. Cormier v. McNeese State Univ., 2013-12 (La. App. 3 Cir. 11/13/13), 127 So.3d 66. Accordingly, the writ is granted and the May 26, 2015 judgment denying the motion for summary judgment is reversed. Summary judgment is hereby granted in favor of defendant-relator, Manda Packing Co., L.L.C., dismissing the tort claims of plaintiff-respondent, Michael Lawrence.
JMM
PMc
MRT
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT