Springer v. K-Mart Corporation

* Pursuant to 5th Cir. R. 47.5, the court has determined that this
opinion should not be published and is not precedent except under the limited
circumstances set forth in 5th Cir. R. 47.5.4.
UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_______________________
No.99-30559
_______________________
CATHY DEAN SPRINGER, As natural tutrix on behalf of her minor
children, Gregory Paul Dean, Jr., and Jessica Marie Dean,
Plaintiff-Appellant,
versus
K-MART CORPORATION,
Defendant-Appellee.
_________________________________________________________________
Appeal from the United States District Court
for the Eastern District of Louisiana
Lower Court No. 97-CV-3293-C
_________________________________________________________________
March 3, 2000
Before JONES, DUHÉ, and WIENER, Circuit Judges.
PER CURIAM:*
Having considered this appeal in light of the briefs and
pertinent Louisiana authorities, we affirm for essentially the
reasons stated by the district court. The appellants’ claim does
not fit within the narrow exception to exclusivity of the Louisiana
Worker’s compensation regime identified by the Louisiana Supreme
Court in Weber v. State, 635 So.2d 188 (La. 1994). See also Kelly
v. CNA Ins. Co., 729 So.2d 1033 (La. 1999). We also find no basis
for a claim predicated on Stevens v. Wal-Mart Stores, Inc., 688

-- 1 of 2 --

So.2d 668 (La. App. 1997), because appellants sought recovery for
wrongful death, not for a worsening of the decedent’s condition.
Further, Kelly appears to undermine Stevens. Appellants’
constitutional arguments are meritless.
AFFIRMED.

-- 2 of 2 --