Opinion
NO. 2016 CW 1609
03-10-2017
LAURIE ANNE AND JOHN CASSIDY v. LOUISIANA STATE EMPLOYEES RETIREMENT SYSTEM (LASERS), THE STATE OF LOUISIANA D/B/A LASERS AND ANGELO MENNER
In Re: State of Louisiana, through the Louisiana State Employee Retirement System and Angelo Menner, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 651307. BEFORE: WELCH, CRAIN AND HOLDRIDGE, JJ.
REQUEST FOR STAY DENIED; WRIT GRANTED. Both LASERS and the Teachers Retirement System of Louisiana are agencies within the Louisiana Department of the Treasury, a department within the executive branch of government. La. R.S. 36:4; R.S. 36:769(D)(6). The State of Louisiana, the real party in interest in this proceeding, is indistinguishable from its executive departments. La. R.S. 23:1032, R.S. 23:1101; Wright v. Moore, 380 So.2d 172, 173-174 (La. App. 1st Cir. 1979), writ denied, 382 So.2d 164 (La. 1980). Under these circumstances, plaintiff, Laurie Anne Cassidy, and the alleged tortfeasor, Angelo Menner, have the same employer, the State of Louisiana. Consequently, Cassidy has failed to state a cause of action against either LASERS or its employee, Menner, for negligence. The claim of plaintiff, John Cassidy, for loss of consortium also fails. See Redding v. Essex Crane Rental Corp. of Alabama, 500 So.2d 880, 884 (La. App. 1st Cir. 1986), writ denied, 501 So.2d 774 (La. 1987). The December 7, 2016 judgment which denied the exception of no cause of action filed by defendants, the State of Louisiana, through the Louisiana State Employees Retirement System ("LASERS") and Angelo Menner, is reversed. Judgment is hereby rendered granting the exception of no cause of action and dismissing plaintiffs' claims. The remaining assignment of error concerning the exception of vagueness is moot. This matter is remanded with instructions that the trial court allow plaintiff the opportunity to amend her pleadings in order to attempt to remove the grounds of the objections raised herein. See La. Code Civ. P. art. 934.
JEW
WJC
GH
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT