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Edigo v. Otis Elevator Co.

Court of Appeals of Louisiana, Third Circuit

November 6, 2019

KATHLEEN EDIGO AND DAVID EDIGO
v.
OTIS ELEVATOR COMPANY, ET AL.

          APPEAL FROM THE FOURTEENTH JUDICIAL DISTRICT COURT PARISH OF CALCASIEU, NO. 2016-5136 HONORABLE ROBERT LANE WYATT, DISTRICT JUDGE.

          RUSSELL J. STUTES, JR. JEANETTE DEWITT-KYLE P. JODY LAVERGNE DEIL J. LALANDE STUTES & LAVERGNE, LLC COUNSEL FOR PLAINTIFFS/APPELLANTS: KATHLENE EDIGO DAVID EDIGO

          DAVID L. MORGAN KEVIN P. FONTENOT STOCKWELL, SIEVERT, VICCELLIO, CLEMENTS & SHADDOCK, L.L.P. COUNSEL FOR DEFENDANT/APPELLEE: SOUTHWEST LOUISIANA HOSPITAL ASSOCIATION D/B/A LAKE CHARLES MEMORIAL HOSPITAL

          JOHN KEARNEY NIESET RYAN PLUMMER CHRISTOVICH & KEARNEY, LLP COUNSEL FOR DEFENDANT/APPELLEE: OTIS ELEVATOR COMPANY, LLC

          Court composed of Shannon J. Gremillion, Candyce G. Perret, and Jonathan W. Perry, Judges.

          SHANNON J. GREMILLION JUDGE.

         The plaintiffs, Kathlene and David Edigo, appeal the summary judgment granted in favor of Kathlene's employer, Lake Charles Memorial Hospital (Hospital).[1] For the following reasons, we affirm.

         FACTUAL AND PROCEDURAL BACKGROUND

         Kathlene, a nutrition services worker at the Hospital, was injured upon exiting an elevator at the Hospital at 8:30 a.m., thirty minutes before she began work at 9:00 a.m. The Edigos filed a petition for damages in December 2016. In September 2018, the Hospital filed a motion for summary judgment urging that there were no genuine issues of fact that Kathlene was in the course and scope of her employment at the time of the accident and, thus, her exclusive remedy was in workers' compensation. The trial court granted summary judgment in favor of the Hospital finding that it was immune from tort liability. A judgment was rendered in January 2019. Kathlene now appeals and assigns as error:

1. The trial court erred in concluding that Lake Charles Memorial Hospital proved, beyond dispute, every element of the affirmative defense of tort immunity, as required under the law.
2.The trial court erred when it found that the Edigos did not submit any evidence showing Mrs. Edigo was not in the course of her employment at the time of her accident or that her accident did not arise out of her employment.
3. The trial court erred in its application of the summary judgment standard, which states that if there is any evidence in the record from any source from which a reasonable inference in the nonmoving party's favor may be drawn, summary judgment cannot be granted.

         DISCUSSION

         Summary ...


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