Gwendolyn M. Hanhart v. Louisiana Cvs Pharmacy LLC; Cvs Pharmacy Inc.; Cvs Health Solutions LLC

Opinion

GWENDOLYN M. HANHART * NO. 2024-C-0479

VERSUS * COURT OF APPEAL

LOUISIANA CVS PHARMACY * FOURTH CIRCUIT LLC; CVS PHARMACY INC.; CVS HEALTH SOLUTIONS * STATE OF LOUISIANA LLC *

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SCJ JENKINS, J. CONCURS IN PART AND DISSENTS IN PART.

I concur with the majority’s position that the plaintiff’s petition does not

sufficiently set forth a cause of action for intentional infliction of emotional

distress. However, I respectfully dissent from the dismissal of the plaintiff’s cause

of action with prejudice.

La. C.C.P. article 934 provides, in pertinent part, that “[w]hen the grounds of

the objection pleaded by the peremptory exception may be removed by amendment

of the petition, the judgment sustaining the exception shall order such amendment

within the delay allowed by the court.” See also An Erny Girl L.L.C. v. BCNO 4

L.L.C., 2018-0360, pp. 13-14 (La. App. 4 Cir. 9/26/18), 257 So.3d 212, 222-23.

Where there is a conceivable possibility an adverse party might state an action,

courts must give that party an opportunity to amend. Hamp's Constr., LLC v. 1031

Canal, LLC, 2020-0182, p. 11 (La. App. 4 Cir. 12/9/20), 312 So.3d 299, 306

(citing Alexander and Alexander, Inc., Div. of Adm., 486 So.2d 95, 100 (La.

1986)).

I would dismiss the plaintiff’s petition without prejudice and remand the

matter to the trial court to allow the plaintiff the opportunity to amend her petition.