RICHARD RALSER VERSUS WINN DIXIE
Annotate this Case
Download PDF
RICHARD RALSER NO. 14-CA-91 VERSUS FIFTH CIRCUIT WINNDIXIE COURT OF APPEAL STATE OF LOUISIANA ON APPEAL FROM THE OFFICE OF WORKERS' COMPENSATION, DISTRICT 6 STATE OF LOUISIANA NO. 12-5905 HONORABLE GWENDOLYN F. THOMPSON, JUDGE PRESIDING f< T UF !\F 1) E A 1 r' 1.' FI\~ r" r---} f f\' (-~ T r.or' C~ U! SEPTEMBER 24,2014 STEPHEN J. WINDHORST /"; - l-'-~ " ",,"-',' _._-l~~;r4~~·0·~~~~t~: ~'~~'~~~~:.'._. JUDGE (= Ii 1C r. 1 () i;" r, L c Panel composed of Judges Stephen J. Windhorst, Hans J. Liljeberg and Ellen Shirer Kovach, Pro Tempore WILLIAM K. HAWKINS ATTORNEY AT LAW 1180 Highway 51 Suite A Ponchatoula, Louisiana 70454 COUNSEL FOR PLAINTIFF/APPELLANT JACK E. TRUITT PAMELA S. CHEHARDY ALAINA BRANDHURST ATTORNEYS AT LAW 149 North New Hampshire Street Covington, Louisiana 70433 COlJNSEL FOR DEFENDANT/APPELLEE APPEAL DISMISSED .: ( '-I:"'" d t ~ C ;.1 !' ,''',/ .» "":"'1'\ r\ Appellant, Richard Ralser, appeals from the workers' compensation court's judgment denying his motion to set aside settlement. For the reason discussed below, this appeal is dismissed. On August 22, 2012, Mr. Ralser filed a disputed claim for compensation against Winn Dixie Montgomery, L.L.C. and Sedgwick CMS ("Winn Dixie"). Mr. Ralser claimed that he sustained injuries when he slipped and fell in a puddle on the floor of one of the store's shopping aisles. Winn Dixie denied that Mr. Ralser sustained a work related accident and injuries. On May 14, 2013, the parties filed a joint petition for compromise. The parties stated that a bonafide dispute existed concerning all aspects of Mr. Ralser's claim and therefore, the parties agreed to settle the claim for $15,000.00. The workers' compensation court signed the order approving the settlement on May 14, 2013. -2 On June 14, 2013, Mr. RaIser's counsel filed a motion to set aside the settlement arguing that Winn Dixie's knowledge of Mr. RaIser's federal claim pursuant to the Family Medical Leave Act ("FMLA") and its inclusion of language in the release and receipt dismissing all claims under state and federal law constituted misrepresentation or fraud. The motion further claimed that Winn Dixie's failure to notify Mr. RaIser's counsel and the workers' compensation court of Mr. RaIser's federal claim prior to the approval of the settlement constituted misrepresentation or fraud. On November 6, 2013, the motion to set aside settlement was denied. This appeal followed. Subsequent to this appeal being submitted to this Court, the parties filed a Joint Motion to Dismiss contending that they jointly seek to dismiss this appeal because the federal court proceeding moots the instant appeal. Pursuant to La. C.C.P. art. 2162, an appeal can be dismissed by consent of all parties. Therefore, we grant the Joint Motion to Dismiss and dismiss this appeal. APPEAL DISMISSED -3 SUSAN M. CHEHARDY CHERYL Q. LANDRIEU CHIEF JUDGE CLERK OF COURT FREDERICKA H. WICKER JUDE G. GRAVOIS MARC E. JOHNSON ROBERT A. CHAISSON ROBERT M. MURPHY STEPHEN J. WINDHORST HANS J. LIUEBERG JUDGES MARY E. LEGNON CHIEF DEPUTY CLERK SUSAN BUCHHOLZ FIRST DEPUTY CLERK FIFTH CIRCUIT 101 DERBIGNY STREET (70053) MELISSA C. LEDET DIRECTOR OF CENTRAL STAFF POST OFFICE BOX 489 GRETNA, LOUISIANA 70054 www.fifthcircuit.org (504) 376-1400 (504) 376-1498 FAX NOTICE OF JUDGMENT AND CERTIFICATE OF DELIVERY I CERTIFY THAT A COPY OF THE OPINION IN THE BELOW-NUMBERED MATTER HAS BEEN DELIVERED IN ACCORDANCE WITH Uniform Rules - Court of Appeal, Rule 2-20 THIS DAY SEPTEMBER 24. 2014 TO THE TRIAL JUDGE, COUNSEL OF RECORD AND ALL PARTIES NOT REPRESENTED BY COUNSEL, AS LISTED BELOW: 14-CA-91 E-NOTIFIED JACK E. TRUITT MAILED WILLIAM K. HAWKINS ATTORNEY AT LAW 1180 HIGHWAY 51 SUITE A PONCHA TOULA, LA 70454 PAMELA S. CHEHARDY ALAINA BRANDHURST ATTORNEYS AT LAW 149 NORTH NEW HAMPSHIRE STREET COVINGTON, LA 70433
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
