Lloyd v. Shady Lake Nursing Home, Inc.

9 Citing cases

  1. Owens v. State

    157 So. 3d 1225 (La. Ct. App. 2015)   Cited 1 times

    After citing Maddie, the trial court asserted that Owens “failed to plead specific facts that the defendant either (1) consciously desired the physical result of his act or (2) knew that the result was substantially certain to follow from his conduct.” Based on this analysis, the trial court then found that Owens did not have a right of action to proceed in tort and his exclusive remedy is workers' compensation citing Lloyd v. Shady Lake Nursing Home, Inc., 47,025 (La.App. 2 Cir. 5/9/12), 92 So.3d 560, writ denied, 12–1318 (La.9/28/12), 98 So.3d 844 and Lloyd's citation to footnote 2 in Brewton v. Underwriters Ins. Co., 02–2852 (La.6/27/03), 848 So.2d 586 . In Lloyd, 92 So.3d 560, a widower and children brought a wrongful death action against the decedent wife's former employer, a nursing home.

  2. Marziale v. New Orleans Police Dep't C.C.M.S.I.

    124 So. 3d 1152 (La. Ct. App. 2013)   Cited 1 times

    “This is a question of fact that is determined by whether a reasonable person of usual sensibilities would find the stress ‘extraordinary.’ ” Lloyd v. Shady Lake Nursing Home, Inc., 47,025, p. 12 (La.App. 2 Cir. 5/9/12), 92 So.3d 560, 568,quotingGooden v. B E & K Const., 33,457, pp. 4–5 (La.App. 2 Cir. 6/23/00), 764 So.2d 1206, 1209. “The second prong ... requires” the plaintiff “to prove by clear and convincing evidence that her physical work stress or exertion, and not some other source of stress or preexisting condition, was the predominant and major cause of her” heart-related or perivascular injury. Harold, 94–0889, p. 7, 643 So.2d at 756.

  3. Lloyd v. Shady Lake Nursing Home, Inc.

    98 So. 3d 844 (La. 2012)

    Edward E. LLOYD, Individually and as the Natural Tutor of Edward Caldwell, a Minor, Cheryl Caldwell, Kimberly Jackson, Eldrick Caldwell and Roy Caldwell 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.Prior report: La.App., 92 So.3d 560. In re Lloyd, Edward E.;—Plaintiff; Applying For Writ of Certiorari and/or Review, Parish of East Carroll, 6th Judicial District Court Div. B, No. 21032; to the Court of Appeal, Second Circuit, No. 47,025–CA.

  4. Hill v. Franklin

    2023 CA 0970 (La. Ct. App. Sep. 25, 2024)

    As a court of general jurisdiction, the district court has jurisdiction over a claim generally related to workers' compensation unless the legislature, through some specific provision of the Workers' Compensation Act, designated the claim a workers' compensation matter or otherwise granted hearing officers (workers' compensation judges) authority to adjudicate the claim. Lloyd v. Shady Lake Nursing Home, Inc., 47,025 (La.App. 2 Cir. 5/9/12), 92 So.3d 560, 564, writ denied, 2012-1318 (La. 9/28/12), 98 So.3d 844.

  5. Maxie v. Bates

    338 So. 3d 564 (La. Ct. App. 2022)   Cited 3 times

    Rain and Hail , L.L.C. v. Davis , 49,813 (La. App. 2 Cir. 5/20/15), 165 So. 3d 1204 ; Simpson v. Davidson , 35,048 (La. App. 2 Cir. 10/31/01), 799 So. 2d 652 ; State ex rel. Div. of Admin. , Office of Risk Management v. National Union Fire Ins. Co. of Louisiana , 2010-0689 (La. App. 1 Cir. 2/11/11), 56 So. 3d 1236, writ denied , 2011-0849 (La. 6/3/11), 63 So. 3d 1023. As noted by this Court in Lloyd v. Shady Lake Nursing Home, Inc. , 47,025 (La. App. 2 Cir. 5/9/12), 92 So. 3d 560, writ denied , 2012-1318 (La. 9/28/12), 98 So. 3d 844, the denial of a motion for summary judgment is merely an interlocutory ruling that does not bar reconsideration of the same issues raised in the unsuccessful motion. We note that the standard form policies submitted as exhibits attached to both motions appear to be identical and are both numbered Form 11000 03/06, which is the form described on the Declarations Page for the policy issued to the named insured, Annie Bates.

  6. Palowsky v. Campbell

    337 So. 3d 567 (La. Ct. App. 2022)

    Because it is a court of general jurisdiction, the 4th Judicial District Court had jurisdiction over Mr. Palowsky's underlying lawsuit in the Cork case. See , Lloyd v. Shady Lake Nursing Home, Inc. , 47,025 (La. App. 2 Cir. 5/9/12), 92 So.3d 560, 564, writ denied , 12-1318 (La. 9/28/12), 98 So.3d 844. As a Supernumerary Judge pro tempore for the 4th Judicial District Court, Judge Jones was generally empowered to discuss legal issues pending before the Court and to assist in the case-deciding process.

  7. Credit Acceptance Corp. v. Prevo

    277 So. 3d 847 (La. Ct. App. 2019)   Cited 7 times

    Even if the issue were properly raised, when lack of subject-matter jurisdiction is not apparent on the face of the petition, the defendant has the burden of offering evidence that jurisdiction does not exist. Lloyd v. Shady Lake Nursing Home Inc. , 47,025 (La. App. 2 Cir. 5/9/12), 92 So. 3d 560, writ denied , 2012-1318 (La. 9/28/12), 98 So. 3d 844. Ms. Prevo has made absolutely no showing that this particular class of action, to recover the deficiency on a retail installment contract, or the object of the demand, to obtain a money judgment, is not appropriate for determination in the district court.

  8. Brookshire Grocery Co. v. Musculoskeletal Inst. of La., A.P.M.C.

    195 So. 3d 528 (La. Ct. App. 2016)   Cited 2 times

    As a court of general jurisdiction, the district court has jurisdiction over a claim generally related to workers' compensation unless the legislature, through some specific provision of the Act, designated the claim a workers' compensation matter or otherwise granted workers' compensation judges authority to adjudicate the claim. Lloyd v. Shady Lake Nursing Home, Inc., 47,025 (La.App.2d Cir.05/09/12), 92 So.3d 560, 564, writ denied, 2012–1318 (La.09/28/12), 98 So.3d 844. Brookshire has filed its petition seeking sanctions pursuant to La. C.C.P. art. 863, which states:

  9. Rain & Hail, L.L.C. v. Davis

    165 So. 3d 1204 (La. Ct. App. 2015)   Cited 6 times

    enied plaintiff's motion for summary judgment at the initial hearing date, rather than giving the parties additional time to supplement their evidentiary filings, plaintiff could have filed a subsequent motion for summary judgment addressing the same issue(s), this time with the proper documentary evidence. Because a party may re-urge a previously denied motion for summary judgment, the initial denial of summary judgment on an issue does not bar a second motion for summary judgment on the same issue. Simpson v. Davidson, 35,048 (La.App.2d Cir.10/31/01), 799 So.2d 652 ; Gailey v. Barnett, 12–0830 (La.App. 4th Cir.12/05/12), 106 So.3d 625, writ denied,12–2761 (La.02/22/13), 108 So.3d 770 ; State ex rel. Div. of Admin., Office of Risk Management v. National Union Fire Ins. Co. of Louisiana, 10–0689 (La.App. 1st Cir.02/11/11), 56 So.3d 1236, writ denied, 11–0849 (La.06/03/11), 63 So.3d 1023. As noted by this court in Lloyd v. Shady Lake Nursing Home, Inc., 47,025 (La.App.2d Cir.05/09/12), 92 So.3d 560, writ denied,12–1318 (La.09/28/12), 98 So.3d 844, the denial of a motion for summary judgment is merely an interlocutory ruling that does not bar reconsideration of the same issues raised in the unsuccessful motion. In this case, the trial court's decision to continue the matter to a later date rather than denying summary judgment initially, then requiring plaintiff to refile for summary judgment, something that would be costly and time consuming, was well within its discretion.