UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 00-31487 c/w 01-30410
JOY CORTINAS, Individually and on behalf of her minor son, Edward
Michael Cortinas,
Plaintiff - Appellant - Cross-Appellee,
VERSUS
HIGHWAY TRANSPORT, INC; LIBERTY MUTUAL INSURANCE COMPANY,
Defendants - Appellees,
FLYING J, INC.,
Defendant - Appellee - Cross-Appellant.
Appeals from the United States District Court
For the Eastern District of Louisiana, New Orleans
(00-CV-1661-M)
November 26, 2001
Before KING, Chief Judge, DAVIS, Circuit Judge, and MAGILL*,
District Judge.
PER CURIAM:**
After reviewing the record and considering the briefs and
argument of counsel we are satisfied that the district court
correctly dismissed this suit against Flying J on grounds that
*
Circuit Judge of the 8th Circuit, sitting by designation.
**
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opinion should not be published and is not precedent except under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.
Flying J owed no legal duty to Mr. Cortinas that was breached.
Essentially for the reasons assigned by the district court, we
therefore affirm the dismissal of this action against Flying J but
decline to impose sanctions against Ms. Cortinas.
With respect to the action by Cortinas against Highway
Transport and Liberty Mutual, counsel advised us at argument that
Cortinas workers’ compensation action was resolved by the
Louisiana Office of Workers’ Compensation. The workers’
compensation judge granted Highway Transport and Liberty Mutual’s
Motion for Summary Judgment and dismissed the workers’ compensation
action against those parties. Cortinas lodged an appeal to the
Louisiana Court of Appeals for the Fifth Circuit, and argument was
heard on their appeal on November 6, 2001. In view of the progress
of this litigation in the state court, we conclude that it is
prudent to allow the state court to interpret its workers’
compensation statute. To accomplish this result, we therefore
vacate the judgment of the district court dismissing this action
against Highway Transport and Liberty Mutual and remand this case
with directions to stay Cortinas’ action against these parties
pending resolution of the worker’s compensation action disposition
by the Louisiana appellate courts.
AFFIRMED IN PART, VACATED IN PART AND REMANDED.
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