Bradley v. Morton Thiokol, Inc.

661 So. 2d 691, 1995 La. App. LEXIS 2524, 1995 WL 572106
CourtLouisiana Court of Appeal
DecidedSeptember 29, 1995
Docket27411-CA, 27412-CA
StatusPublished
Cited by6 cases

This text of 661 So. 2d 691 (Bradley v. Morton Thiokol, Inc.) 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
Bradley v. Morton Thiokol, Inc., 661 So. 2d 691, 1995 La. App. LEXIS 2524, 1995 WL 572106 (La. Ct. App. 1995).

Opinion

661 So.2d 691 (1995)

Barbara Helen BRADLEY, Plaintiff-Appellant,
v.
MORTON THIOKOL, INC., et al., Defendants-Appellants.

Nos. 27411-CA, 27412-CA.

Court of Appeal of Louisiana, Second Circuit.

September 29, 1995.

*693 Carl Rice and Associates by William F. Kendig, for appellant.

Blanchard, Walker, O'Quinn & Roberts by A.M. Stroud, III, for appellants.

Before HIGHTOWER, WILLIAMS and STEWART, JJ.

STEWART, Judge.

Plaintiff, Barbara Bradley, filed an action against her employer, Morton-Thiokol, Inc., James Womack, Dwayne Culverhouse, and several unnamed others, for an alleged intentional tort that occurred at the Red River Ammunition Plant in Minden, Louisiana. She later filed a suit for worker's compensation against the same defendants and Travelers Insurance. The two suits were later consolidated. At trial, Culverhouse and Womack were dismissed. The trial court dismissed plaintiff's tort claim and granted her claims for worker's compensation, awarding her $1,697.92 in temporary total disability benefits and $20,112.99 for medical expenses. Plaintiff and defendants appeal the judgment. For the assigned reasons, we affirm the decision of the trial court.

FACTS

This cause of action arises out of an incident that occurred at the Red River Arsenal ammunition plant in Minden, Louisiana. The plant is under contract with the defendant, Morton-Thiokol, Inc. On June 14, 1988, plaintiff Barbara Bradley was employed as an inspector at the plant on the M-4 line. Dwayne Culverhouse, a worker on the assembly line, placed a realistic-looking frog fishing lure inside a shell canister and sent it up the production line. Plaintiff, who was later determined to have a fear of frogs, reached into the canister in order to inspect it and removed the fishing lure.

Testimony adduced at trial reveals that James Womack, production supervisor at the plant, approached plaintiff. Claude Echols, another line worker, then told Womack to ask plaintiff if she had seen any frogs lately. *694 Womack patted plaintiff on the back and asked her the question. At that point, plaintiff began to feel nauseous, began to hyperventilate, and eventually fainted. Plaintiff was transported to Bossier Medical Center by ambulance because she believed that she had suffered a heart attack. It was later determined that plaintiff had not suffered a heart attack, but had suffered fleeting anginal syndrome due to a severe stress situation, hiatal hernia, reflux esophagitis, and probable exacerbation resolved. The plaintiff remained hospitalized at Bossier Medical Center overnight for a series of routine tests.

Two weeks later, the plaintiff was admitted to Brentwood Hospital where she remained hospitalized for five and a half weeks, primarily for the treatment of major depression and a simple phobia.

Plaintiff returned to work at the ammunition plant from August 16, 1988 to September 26, 1988. She later tried to work on February 5, 1989, but was unable to do so. The plaintiff was admitted to Schumpert Medical Center on February 19, 1989 for approximately one week. While there, she was diagnosed with major depression, single episode without psychotic features. The plaintiff never returned to work at the plant, but is now employed as a pharmacist's assistant.

As a result of the frog lure incident, plaintiff filed suit against Morton-Thiokol, James Womack, Dwayne Culverhouse, and several unnamed others. Plaintiff also filed a worker's compensation claim against the same three defendants and Travelers Insurance Company. The suits were consolidated. Dwayne Culverhouse and James Womack were later dismissed from both suits.

In its written reasons for judgment, the trial court dismissed the plaintiff's tort claim and found that plaintiff had been injured in the course and scope of her employment. The court awarded medical damages through August 10, 1988, totaling $20,112.99 and lost wages in the amount of $1,697.92.

The plaintiffs lodged an appeal on both the worker's compensation and tort claims. Defendants appeal only the award of worker's compensation benefits.

DISCUSSION

In assignments of error one and two, plaintiff contends that the trial court erred when it granted the defendants' motion for an involuntary dismissal of the plaintiff's tort claim pursuant to LSA-C.C.P. Art. 1672 B. As the basis for this contention, the plaintiff asserts that the act of placing a frog lure in a shell canister to be sent up the production line to plaintiff coupled with James Womack's undesired pat on plaintiff's back was the cause of plaintiff's subsequent emotional and physical problems.

LSA-C.C.P. Art. 1672 B provides:

B. In an action tried by the court without a jury, after the plaintiff has completed the presentation of his evidence, any party, without waiving his right to offer evidence in the event the motion is not granted, may move for a dismissal of the action as to him on the ground that upon the facts and law, the plaintiff has shown no right to relief. The court may then determine the facts and render judgment against the plaintiff in favor of the moving party or may decline to render any judgment until the close of all the evidence.

In considering a motion for involuntary dismissal, LSA-C.C.P. Art. 1672 B requires the trial court to evaluate all of the evidence and render a decision based upon a preponderance of the evidence without any special inference in favor of the opponent to the motion. Poland v. Glenn, 623 So.2d 227 (La.App. 2 Cir.1993); Fuller v. Wal-Mart Stores, Inc., 519 So.2d 366 (La.App. 2 Cir. 1988); Barnes v. Thames, 578 So.2d 1155 (La.App. 1 Cir.1991). An appellate court should not reverse an involuntary dismissal based on LSA-C.C.P. Art. 1672 B in the absence of manifest error. Poland v. Glenn, supra; Shafer v. State, DOTD, 590 So.2d 639 (La.App. 3 Cir.1991).

The Louisiana Worker's Compensation Act provides for compensation if an employee receives personal injury by accident arising out of and in the course and scope of employment. LSA-R.S. 23:1031. As a general rule, the rights and remedies granted to an employee therein are exclusive of all rights and *695 remedies against his employer, any officer or principal of the employer, or any co-employees. LSA-R.S. 23:1032. However, an exception to this rule provides that nothing therein shall affect the liability of an employer, principal, officer, or co-employee resulting from an "intentional act." Id.

In interpreting the statute, the Louisiana Supreme Court has held that compensation shall be an employee's exclusive remedy against an employer for an unintentional injury covered by the act, but that nothing shall prevent an employee from recovering from his employer under general law for an intentional tort. Caudle v. Betts, 512 So.2d 389 (La.1987), citing Bazley v. Tortorich, 397 So.2d 475 (La.1981).

In Caudle, the court defined battery as a harmful or offensive touching, resulting from an act intending the plaintiff to suffer such a contact. Caudle v. Betts, 512 So.2d at 391. The intention need not be malicious nor need it be an intention to inflict actual damage. It is sufficient if the actor intends to inflict either a harmful or offensive contact without the other's consent. Id.

In the instant case, the trial court concluded that an intentional tort had not been committed and granted the defendants' motion for an involuntary dismissal.

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Bluebook (online)
661 So. 2d 691, 1995 La. App. LEXIS 2524, 1995 WL 572106, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bradley-v-morton-thiokol-inc-lactapp-1995.