Dickerson v. Piccadilly Restaurants, Inc.

785 So. 2d 842, 2000 WL 1872050
CourtLouisiana Court of Appeal
DecidedDecember 22, 2000
Docket99 CA 2633
StatusPublished
Cited by28 cases

This text of 785 So. 2d 842 (Dickerson v. Piccadilly Restaurants, 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
Dickerson v. Piccadilly Restaurants, Inc., 785 So. 2d 842, 2000 WL 1872050 (La. Ct. App. 2000).

Opinion

785 So.2d 842 (2000)

Donald R. DICKERSON
v.
PICCADILLY RESTAURANTS, INC. d/b/a Ralph & Kacoo's and Darryl Edwards.

No. 99 CA 2633.

Court of Appeal of Louisiana, First Circuit.

December 22, 2000.
Rehearing Denied March 16, 2001.

John B. Lambremont, Sr., Alan L. Schwartzberg, Baton Rouge, Counsel for Plaintiff-Appellant, Donald R. Dickerson.

*843 Dennis A. Pennington, Baton Rouge, Counsel for Defendant-Appellee, Piccadilly Restaurants, Inc. d/b/a Ralph & Kacoo's.

Before: LeBLANC, KUHN and MOORE,[1] JJ.

MOORE, J.

This appeal is from a summary judgment in favor of Piccadilly Restaurants, Inc., finding that the defendant/employer is not vicariously liable to Donald R. Dickerson, plaintiff, for the intentional tort of an employee in the absence of an employment-rooted dispute.

A judgment was signed dismissing plaintiff's claim, the court finding that no genuine issue of material fact existed and that as a matter of law, Piccadilly Restaurants, Inc. d/b/a Ralph & Kacoo's (Piccadilly) was entitled to judgment. Plaintiff's motion for a new trial was denied by the court. A devolutive appeal was filed by the plaintiff.

We affirm the trial court judgment.

FACTUAL BACKGROUND

A fight between Donald R. Dickerson and Darryl Edwards, employees of Ralph's & Kacoo's, occurred at approximately 4:15 p.m. at the restaurant on October 3, 1996. Dickerson had been at work most of the day, when Edwards arrived at 4:00 p.m. Dickerson was employed as a fry-cook, with general duties of food preparation for frying and catering. Edwards was also a fry-cook. As Edwards arrived and punched in on the time clock, he was told by another employee, Lance Milton, that Dickerson had attempted to "break into" Edwards' personal toolbox left at the restaurant from the day before. Edwards confronted Dickerson and struck Dickerson with his forearm. A scuffle broke out during which Edwards grabbed a whitehandled knife being used by Dickerson. By the time the fight ended, Dickerson had sustained stab wounds and lacerations to his right thumb, left hand, back, and side.

Dickerson brought suit naming as defendants Edwards and Piccadilly Restaurants, Inc. d/b/a Ralph & Kacoo's. Dickerson alleged that Ralph & Kacoo's was vicariously liable for the intentional tort committed on Dickerson by Edwards during the course and scope of Edwards' employment. Piccadilly filed a general denial answer and an alternative cross claim against Edwards. Piccadilly also filed a motion for summary judgment, urging its non-liability because Edwards' actions were not undertaken in the course and scope of his employment and that as a matter of law the employer could not be held vicariously liable. Counsel for defendant-appellee attached depositions of Dickerson, Edwards, Lance Milton, Brenda Harris, another kitchen employee, and the affidavit by Les Guerin, a unit manager at the restaurant.

SUMMARY JUDGMENT

Summary judgment procedure is designed to secure the just, speedy and inexpensive determination of every action allowed by law. La. C.C.P. art. 966A(2). Summary judgments are reviewed on appeal de novo, under the same criteria applied by trial courts to determine whether summary judgment is appropriate. Schroeder v. Board of Supervisors of Louisiana State University, 591 So.2d 342 (La. 1991); Penton v. Clarkson, 633 So.2d 918 (La.App. 1 Cir.1994).

In Louisiana, the law regarding summary judgment is set forth in La. C.C.P. art. 966. This article was amended by Acts 1996 First Ex.Sess., 9 Section 1 to *844 legislatively overrule the jurisprudential presumption against summary judgment. The amendment "levels the playing field" between the parties by allowing the supporting documents submitted by the two parties to be scrutinized equally and removing the overriding presumption in favor of trial on the merits. Haves v. Autin, 96-287, p. 6 (La.App. 3 Cir. 12/26/96), 685 So.2d 691, 694, writ denied, 97-0281 (La.3/14/97), 690 So.2d 411.

A motion for summary judgment should be granted if the pleadings, deposition, answers to interrogatories, admissions on file and affidavits show that there is no genuine issue of material fact and the mover is entitled to judgment as a matter of law. La. C.C.P. art. 966B. The motion for summary judgment is a procedural device used to avoid a full-scale trial when there is no genuine factual dispute. Witek v. Morrisey, 97-1288 (La.App. 1 Cir. 5/15/98), 712 So.2d 647. The mover has the burden of affirmatively showing the absence of a genuine issue of material fact and any doubt on this score should be resolved against granting the motion. Pye v. Insulation Technologies, Inc., 97-237 (La.App. 5 Cir. 9/17/97), 700 So.2d 892; writ denied, 97-2571 (La.12/19/97), 706 So.2d 461.

However, when a motion for summary judgment is made and supported, an adverse party may not rest on the mere allegations or denials of his pleadings, but his response, by affidavits or otherwise, must set forth specific facts showing that there is a genuine issue for trial. Pye, 97-237 at 4, 700 So.2d at 893; La. C.C.P. art. 967. In effect, after the mover files sufficient documentation to support the motion for summary judgment, the burden shifts to the opponent to prove material facts are at issue. Pye, 97-237 at p. 4, 700 So.2d at 893. Because it is the applicable substantive law that determines materiality, whether a particular fact in dispute is "material" for summary judgment purposes can be seen only in light of the substantive law applicable to the case. Coleman v. Wal-Mart Stores, Inc., 98-0124, p. 5 (La.App. 1 Cir. 11/6/98), 721 So.2d 1068; Trahan v. Rally's Hamburgers, 96-1837, p. 6 (La.App. 1 Cir. 6/20/97), 696 So.2d 637, 641.

LEGAL PRINCIPLES

The general rule of law in Louisiana is that employers are not vicariously liable for the intentional torts of their employees, in that no right-thinking employer would authorize its employees to commit intentional wrongs, whether committed against third parties or co-employees. Both parties agree that the seminal case considering this issue is LeBrane v. Lewis, 292 So.2d 216 (La.1974). In LeBrane, a supervisor became dissatisfied with an employee, fired him, ordered him to leave the workplace and escorted him to the door. The supervisor and LeBrane argued vigorously; the argument escalated and the supervisor stabbed LeBrane. The court held that the firing of the employee, which was the root cause of the hostility, was employment-related. Vicarious liability was imposed and the court stated:

In short, the tortious conduct of the supervisor was so closely connected in time, place, and causation to his employment-duties as to be regarded a risk of harm fairly attributable to the employer's business, as compared with conduct motivated by purely personal considerations entirely extraneous to the employer's interest.

LeBrane. 292 So.2d at 218.

The Supreme Court set forth four factors to be used in determining whether vicarious liability should be imposed, to-wit:

*845 1. Whether the tortious act was primarily employment-rooted;
2. Whether the violence was reasonably incidental to the performance of the employee's duties;
3. Whether the act occurred on the employer's premises; and
4. Whether the act occurred during the hours of employment.

LeBrane, 292 So.2d at 218.

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785 So. 2d 842, 2000 WL 1872050, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dickerson-v-piccadilly-restaurants-inc-lactapp-2000.