Danzy v. US Fidelity & Guaranty Co.

380 So. 2d 1356
CourtSupreme Court of Louisiana
DecidedMarch 3, 1980
Docket65485
StatusPublished
Cited by19 cases

This text of 380 So. 2d 1356 (Danzy v. US Fidelity & Guaranty Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Danzy v. US Fidelity & Guaranty Co., 380 So. 2d 1356 (La. 1980).

Opinion

380 So.2d 1356 (1980)

Roy R. DANZY, Individually and for the Use and Benefit of Jeffrey A. DANZY
v.
UNITED STATES FIDELITY & GUARANTY COMPANY.

No. 65485.

Supreme Court of Louisiana.

March 3, 1980.

*1357 James A. Pharis, Jr., Pharis & Pharis, Alexandria, for plaintiff-applicant.

DeWitt T. Methvin, Jr., Gist, Methvin, Hughes & Munsterman, Alexandria, for defendant-respondent.

DIXON, Justice.[*]

Jeffrey Danzy was injured when the motorcycle he was riding was struck by a car driven by Mrs. Reley D. Bostick and insured by the defendant, United States Fidelity & Guaranty Company. At the time of the accident, Mrs. Bostick was acting in the scope of her employment as rural mail carrier for the United States Postal Service. Roy Danzy, Jeffrey's father, filed suit in the United States District Court for the Western District of Louisiana [1] against the *1358 United States of America, alleging the negligence of Mrs. Bostick while acting in the scope of her employment, and seeking the recovery of damages under the Federal Tort Claims Act.[2] On the following day, Danzy instituted a direct action in the Louisiana Eighth Judicial District Court against Bostick's insurer, alleging the same facts and seeking recovery of the identical damages. A year after both these suits were filed, Danzy entered into a compromise settlement of his federal court claims against the United States, releasing and discharging the United States in return for payment of $30,950.[3] In accordance with the terms of the compromise, the federal court action was dismissed with prejudice.

In the pending state court proceedings, the defendant insurer filed peremptory exceptions of no right or cause of action, alleging that under the relevant provisions of the Federal Tort Claims Act, the only remedy available to plaintiff was an action against the United States.[4] The defendant also filed a peremptory exception of res judicata, on the ground that plaintiff's recovery was barred by his compromise settlement with the United States, and a motion for summary judgment. The trial court granted the motion for summary judgment and dismissed plaintiff's claims. In its reasons for judgment, the trial court found that plaintiff had fully exercised his one cause of action in the federal court proceedings, that the exclusivity provision of the Federal Tort Claims Act ran in favor of the employee's insurer and barred the state court action, and that plaintiff's release of the United States without reserving rights against its solidary co-obligors had effected *1359 a release of the insurer. In affirming the dismissal, the Court of Appeal addressed only one issue, that of whether the act's exclusivity provision precludes a direct action against the insurer of a federal employee. The appellate court concluded that, because the immunity from suit granted to a federal employee is not a purely personal immunity, it constitutes a defense which is also available to the employee's insurer. We granted writs to review this ruling.

We affirm the trial court's dismissal of plaintiff's action but we find it unnecessary, on the facts before us here, to determine the effects of the immunity granted by the act's exclusivity provision.[5]*1360 Rather, we find that the trial court was correct in ruling that the defendant insurer was entitled to a summary judgment of dismissal by virtue of plaintiff's release of his claim against the United States.

The Stipulation for Compromise Settlement, a certified copy of which was submitted in support of defendant's motion for summary judgment, by its very terms constitutes a release of the United States from any and all liability on the claims for which plaintiff seeks recovery in his state court action. It is important to note that the settlement also constitutes a release of Mrs. Bostick, the government's employee, under 28 U.S.C. § 2672, which provides in pertinent part:

"The acceptance by the claimant of any such award, compromise, or settlement shall be final and conclusive on the claimant, and shall constitute a complete release of any claim against the United States and against the employee of the government whose act or omission gave rise to the claim, by reason of the same subject matter." (Emphasis added).

While federal law governs the question of what constitutes a release under this section of the Federal Tort Claims Act, state law is to be applied in determining the effects of such a release. Wright v. United States, 427 F.Supp. 726 (D.Del.1977); Robinson v. United States, 408 F.Supp. 132 (N.D.Ill.1976).

The question to be resolved by the application of Louisiana law is the effect upon the insurer, defendant here, of plaintiff's release of its insured, Mrs. Bostick. Under the Direct Action Statute, the insurer is liable to the claimant in solido with its insured. Shaw v. New York Fire & Marine Underwriters, Inc., 252 La. 653, 212 So.2d 416 (1968); R.S. 22:655. With regard to the effect which a release of one solidary obligor has upon the liability of another solidary obligor, C.C. 2203 provides in pertinent part:

"The remission or conventional discharge in favor of one of the codebtors in solido, discharges all the others, unless the creditor has expressly reserved his right against the latter."

The compromise settlement executed by plaintiff in connection with his federal court action contains no express reservation of rights against any party. The release of the United States and its employee, defendant's insured and solidary co-obligor, therefore discharged the defendant from liability to plaintiff for any claim arising from this accident.

For the reasons assigned, the judgment appealed from is affirmed. The costs of this appeal are assessed to plaintiff-appellant.

MARCUS, J., concurs.

NOTES

[*] Chief Judge Paul B. Landry, Retired, participated in this decision as an Associate Justice Ad Hoc.

[1] Roy Danzy filed suit individually and as administrator of the estate of his minor son. Jeffrey Danzy reached majority during the pendency of the proceedings and was joined as a party plaintiff. In both the federal and the state courts, the Danzy suit was consolidated with an action brought by MFA Mutual Insurance Company on a subrogation claim arising from its payment of certain of Danzy's medical expenses. Because all plaintiffs concurred in all the actions taken, reference is made to only one plaintiff for purposes of convenience.

[2] Provisions of the United States Code which are relevant to the Federal Tort Claims action discussed here include the following.

28 U.S.C. § 2674 provides in pertinent part:

"The United States shall be liable, respecting the provisions of this title relating to tort claims, in the same manner and to the same extent as a private individual under like circumstances, but shall not be liable for interest prior to judgment or for punitive damages."

28 U.S.C. § 1346 provides in pertinent part:

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380 So. 2d 1356, Counsel Stack Legal Research, https://law.counselstack.com/opinion/danzy-v-us-fidelity-guaranty-co-la-1980.