Beaudoin v. Hartford Acc. & Indem. Co.

594 So. 2d 1049, 1992 La. App. LEXIS 480, 1992 WL 25648
CourtLouisiana Court of Appeal
DecidedFebruary 12, 1992
Docket90-863
StatusPublished
Cited by13 cases

This text of 594 So. 2d 1049 (Beaudoin v. Hartford Acc. & Indem. Co.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Beaudoin v. Hartford Acc. & Indem. Co., 594 So. 2d 1049, 1992 La. App. LEXIS 480, 1992 WL 25648 (La. Ct. App. 1992).

Opinion

594 So.2d 1049 (1992)

Sharon Z. BEAUDOIN, et ux., Plaintiff-Appellant,
v.
HARTFORD ACCIDENT & INDEMNITY COMPANY, et al., Defendant-Appellee.

No. 90-863.

Court of Appeal of Louisiana, Third Circuit.

February 12, 1992.
Writ Denied May 8, 1992.

*1050 Broussard, Bolton, Halcomb & Vizzier, Daniel Broussard, Alexandria, for plaintiff-appellant.

Gist, Methvin, Hughes & Munsterman, David Hughes, Alexandria, for defendant-appellee.

Before DOMENGEAUX, C.J., STOKER, J., and MARCANTEL,[*] J. Pro Tem.

BERNARD N. MARCANTEL, Judge. Pro Tem.

The issue on appeal is whether plaintiff is entitled to damages in tort or, in the alternative, worker's compensation benefits for an emotional breakdown which plaintiff alleges she sustained due to extraordinary work-related emotional and mental stress placed on her while in the course and scope of her employment with defendant.

Sharon Z. Beaudoin and Philip Beaudoin, Jr. (hereinafter plaintiffs) brought this action against her former employer, Alexander & Alexander, and its insurer, Hartford Accident & Indemnity Company (hereinafter defendants), and R. Phil Hatchette (hereinafter Hatchette). After a trial on the merits, the trial judge ruled in favor of the defendants holding that an intentional tort was not committed and also, the court was unable to discern any sudden or precipitous event that occasioned plaintiff's alleged debilitating condition, thereby rejecting her demand for worker's compensation benefits. Plaintiff timely appeals from the trial court's written formal judgment.

FACTS

Plaintiff has worked in the insurance industry since 1964. In the latter part of 1983, plaintiff was encouraged to leave her employer, Alexander & Bolton, by an ex-supervisor, Dianne Blankenship, who had previously left Alexander & Bolton to go to work for Alexander & Alexander. Ms. Blankenship had convinced plaintiff that defendant's company was a better organization, one in which she could learn more and grow faster. In January, 1984, plaintiff began working for defendant under the direct supervision of Dianne Blankenship. In December, 1985, plaintiff was placed under the supervision of R. Phil Hatchette who had been brought to Alexander & Alexander to take over the direct management of the commercial lines department. Plaintiff's job title was commercial service representative and the duties of the position included overseeing select commercial accounts which generated less than $1,000.00 in commission. Plaintiff was also handling new business.

Plaintiff states that the harassment began almost immediately from the time Hatchette became her supervisor. Plaintiff testified to an incident in which Hatchette told her that a co-employee was to be promoted as manager of the commercial department. Upon hearing this news, plaintiff blurted out, "You've got to be kidding." She was in shock because, in her opinion, the co-employee was not competent enough to handle the position. Plaintiff contends that from this time forward the relationship between Hatchette and herself went downhill.

Plaintiff testified that Hatchette constantly raised his voice to her, cursed, called her names such as dumb and stupid, went into violent, screaming rages, and made statements about her appearance, such as calling her fat. Plaintiff felt that Hatchette was deliberately singling her out for his abuse.

Testimony was given by a co-employee, who no longer worked for Alexander and Alexander, that he observed situations in which Hatchette would yell and scream at plaintiff and used profanity on a regular basis. He witnessed Hatchette being verbally abusive to plaintiff on several occasions. Often Hatchette was chauvinistic in his actions and would make remarks about the inferiority of women. The co-employee testified that he saw plaintiff crying on *1051 several occasions after some of these situations occurred. He further testified that it was obvious to him and several other employees that Hatchette had singled out plaintiff because Hatchette did not treat other employees in the same manner that he treated plaintiff. He further noted that, with the work load plaintiff had, combined with the screaming and yelling Hatchette directed toward plaintiff, he did not see how she handled it all.

Plaintiff testified that, in August or September, 1986, she began having headaches, fever and chest pain, and that her condition got progressively worse until in November she went to see Dr. Kenneth T. Johnson. She thought she was having a heart attack because the pains were so severe. She testified that she was at work when these symptoms began. She recalls a specific incident regarding the Metroplex account in which she was given a quote from a rater named Ella. Later, a huge discrepancy was discovered and, when plaintiff went to Hatchette regarding the problem, Hatchette went into a most violent rage. Hatchette accused plaintiff instead of the rater of making the mistake. Plaintiff stated that she left the building after this incident because of chest pains and weakness.

Contradictory testimony was given by Hatchette in which he admits to raising his voice, but not to screaming or yelling. He admitted to cursing, but that it was never directed toward plaintiff. He stated he never made any statements to plaintiff about her being stupid. He did state he made remarks that she wasn't working smart, that she didn't organize and prioritize her work.

Tommy D. Gunnin, the Managing Vice-President of the Alexandria-Shreveport office, testified that he was first aware that plaintiff was having problems at work from a July, 1986 performance review, that plaintiff was having trouble doing the kind of detail work necessary in her job. He recalls discussing with Hatchette the idea of plaintiff going into sales in the business because of her good people skills. He noted that Hatchette's reaction to this was very supportive. Mr. Gunnin and Hatchette spoke with plaintiff about this change and plaintiff's only response was the possibility of her not being successful in sales and what would happen to her then. Their response to this was that she could not return to her old position. Efforts were made to try and work her into the area of sales with a goal set for January, 1987. But, by the middle of October, 1986, more problems with plaintiff's work became apparent and these problems were more potential error and admission exposure for the company. Mr. Gunnin testified that on numerous occasions they discussed the problems with plaintiff and her only excuse was that the work load was such that she could not cope with it. Mr. Gunnin was not aware of any discussions between plaintiff and Hatchette. He did state that the people who performed their jobs enjoyed working for Hatchette while people who had trouble with their job performance probably did not enjoy working with Hatchette because he was very direct and didn't hesitate to confront the problems that arose.

Mr. Gunnin recalls that in November plaintiff came to him and asked for some time off because she was having health problems which she perceived to be a nervous breakdown. Mr. Gunnin told plaintiff that he did not intend to terminate her when she returned to work but that when she returned she would be in sales and not service. He then recommended that plaintiff go to their employee assistance program to see about available counseling.

Plaintiff first saw Dr. Kenneth T. Johnson, a family practice physician, on November 10, 1986. Dr. Johnson saw plaintiff a couple of more times and then referred her to Dr. Ronald S. Pryer, a psychologist. Dr.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Morales v. New Orleans City
Fifth Circuit, 2024
Leone v. Caddo Parish
W.D. Louisiana, 2022
Griffith v. Louisiana
808 F. Supp. 2d 926 (E.D. Louisiana, 2011)
Smith v. U.S. Army Corps of Engineers
829 F. Supp. 2d 176 (W.D. New York, 2011)
Goldberg v. Moses
811 So. 2d 1165 (Louisiana Court of Appeal, 2002)
LaBove v. Raftery
802 So. 2d 566 (Supreme Court of Louisiana, 2001)
Nicholas v. Allstate Ins. Co.
765 So. 2d 1017 (Supreme Court of Louisiana, 2000)
Smith v. Ouachita Parish School Bd.
702 So. 2d 727 (Louisiana Court of Appeal, 1997)
Glenn v. Boy Scouts of America
977 F. Supp. 786 (W.D. Louisiana, 1997)
Jeansonne v. Wick Pub. Co.
646 So. 2d 1212 (Louisiana Court of Appeal, 1994)
Beaudoin v. Hartford Accident & Indemnity Co.
598 So. 2d 356 (Supreme Court of Louisiana, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
594 So. 2d 1049, 1992 La. App. LEXIS 480, 1992 WL 25648, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beaudoin-v-hartford-acc-indem-co-lactapp-1992.