Opinion
NO. 2016 CW 0797
09-19-2016
LISA WHITE v. ERA HELICOPTERS, LLC
In Re: ERA Helicopters, LLC, applying for supervisory writs, 17th Judicial District Court, Parish of Lafourche, No. 128839. BEFORE: WELCH, CRAIN AND HOLDRIDGE, JJ.
WRIT GRANTED WITH ORDER. The trial court's May 13, 2016 judgment overruling the peremptory exception raising the objection of no cause of action, filed by ERA Helicopters, LLC, is reversed, and judgment is hereby rendered sustaining the exception. The plaintiff's petition does not set forth factual allegations sufficient to support her claim of employer liability under La. Civ. Code art. 2320 or her claim of the defendant's negligent failure to train an employee. See Carr v. Sanderson Farm, 2015-0953 (La. App. 1st Cir. 2/17/16), 189 So.3d 450. The matter is remanded with instructions that the trial court allow the plaintiff the opportunity to amend her petition to state a cause of action, pursuant to La. Code Civ. P. art. 934.
JEW
GH
Crain, J., concurs and would dismiss the plaintiff's petition with prejudice. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT