Lifecare Hospitals v. Friden Hotel

Opinion

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

_____________________

No. 96-30663 _____________________

LIFECARE HOSPITALS INC

Plaintiff-Appellee

v.

FRIDEN HOTEL CO; ET AL

Defendants

FRIDEN HOTEL CO; R E HARRINGTON INC

Defendants-Appellants

_________________________________________________________________

Appeal from the United States District Court for the Eastern District of Louisiana (95-cv-1313) _________________________________________________________________ March 6, 1997

Before REAVLEY, KING, and BARKSDALE, Circuit Judges.

PER CURIAM:*

The district court correctly concluded that the preemption

issue in this case is controlled by our decision in Memorial

Hospital System v. Northbrook Life Ins. Co., 904 F.2d 236 (5th

Cir. 1990). Further, the district court correctly held that

under the evidence presented the defendants owed a duty to the

plaintiff to supply it with correct information regarding the

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. benefits available to Ms. Griffin, that the defendants breached

that duty as a result of their negligence and that the plaintiff

was damaged as a result of the defendants’ negligent

misrepresentations. The factual findings made by the district

court in this connection are not clearly erroneous.

AFFIRMED.