Michelle Morgan v. Lowes Home Centers, Inc. and Specialty Risk Services, LLC (Motion Granted, Judgment Vacated, and Remanded)
Annotate this Case
Download PDF
Judgment rendered November 3, 2010. Application for rehearing may be filed within the delay allowed by Art. 2166, La. C.C.P. No. 45,699-WCA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA ***** MICHELLE MORGAN Plaintiff-Appellee versus LOWE S HOME CENTERS, INC. and SPECIALTY RISK SERVICES, LLC Defendants-Appellants ***** Appealed from the Office of Workers Compensation, District 1W Parish of Bossier, Louisiana Docket No. 09-02563 Ryan Gatti Workers Compensation Judge ***** TAYLOR, WELLONS, POLITZ & DUHE By: Patrick F. Robinson Counsel for Appellants ROBERT M. HANNA Counsel for Appellee ***** Before BROWN, DREW, and MOORE, JJ. BROWN, CHIEF JUDGE Defendants, Lowe s Home Centers, Inc., and Specialty Risk Services, appeal from a judgment entered by default in favor of plaintiff, Michelle Morgan, awarding her temporary total disability benefits, penalties, and attorney fees. A Joint Motion to Vacate Trial Court Judgment and Remand for Further Proceedings was filed in this court by both plaintiff and defendants. Thereafter, no brief was filed by plaintiff/appellee. A ruling on the motion was referred to the merits of the case. Considering, inter alia, that the medical evidence presented was insufficient under La. R.S. 23:1316.1(C) to prove plaintiff s entitlement to a default judgment, we now grant the motion and vacate the default judgment rendered in the trial court and remand for further proceedings. Costs of this appeal are assessed one-half to plaintiff and one-half to defendants. 1
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.
