Guy v. Mitchell

810 So. 2d 1245, 2002 WL 313187
CourtLouisiana Court of Appeal
DecidedMarch 1, 2002
Docket35,713-CA
StatusPublished
Cited by5 cases

This text of 810 So. 2d 1245 (Guy v. Mitchell) 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
Guy v. Mitchell, 810 So. 2d 1245, 2002 WL 313187 (La. Ct. App. 2002).

Opinion

810 So.2d 1245 (2002)

Kathy D. GUY and William Ray Guy, Plaintiff-Appellant,
v.
Roderick K. MITCHELL and Fibrebond Corporation, Defendant-Appellee.

No. 35,713-CA.

Court of Appeal of Louisiana, Second Circuit.

March 1, 2002.

James H. Johnson, Eric G. Johnson, Minden, for Appellant.

Roderick K. Mitchell, Pro. Per.

Michael G. Latimer, for Appellee, Fibrebond Corporation.

Before WILLIAMS, STEWART and GASKINS, JJ.

WILLIAMS, J.

The plaintiffs, Kathy Guy ("Guy") and her husband, William Guy, appeal a trial court's judgment in favor of her employer, Fibrebond Corporation ("Fibrebond"). The trial court granted the employer's motion for summary judgment, dismissing plaintiffs' personal injury claims. The *1246 court found that plaintiff Guy's exclusive remedy was in worker's compensation. For the reasons set forth below, we affirm.

FACTS AND PROCEDURAL HISTORY

In October 1994, Kathy Guy was employed at Fibrebond as an exterior finisher. On the morning of October 26, 1994, Guy was looking for her supervisor, Mona Blackwell. Guy asked her co-employee, Roderick Mitchell ("Mitchell"), if he knew Blackwell's whereabouts. Mitchell responded "I don't know and I don't give a damn." When Guy located Blackwell, she told Blackwell of her exchange with Mitchell, and Blackwell stated that she would speak to Mitchell about his comment. Guy returned to her work area. A short time later, Mitchell angrily approached Guy and confronted her with regard to her report to the supervisor. Although Guy attempted to withdraw from the confrontation, Mitchell continued to verbally abuse her and ultimately struck her in the head and neck region, injuring her and knocking her to the floor.

Initially, Guy asserted a workers' compensation claim for indemnity benefits and medical payments arising out of the incident with Mitchell, and Fibrebond paid her over $9,400 under her workers' compensation claims. However, in October 1995, Guy and her husband filed a personal injury lawsuit against Mitchell and Fibrebond. In their petition, plaintiffs averred that Guy's injuries were caused by Mitchell's intentional act of striking Guy. They also averred that at the time of the incident, both Guy and Mitchell were at their place of employment and were engaged in activities in the course and scope of their employment. They asserted that Fibrebond was vicariously liable for Mitchell's intentional tort against Guy.

Fibrebond filed a motion for summary judgment, asserting that Guy's sole remedy was a claim for workers' compensation benefits. With respect to the plaintiffs' allegation that Fibrebond was vicariously liable for Mitchell's act, Fibrebond essentially asserted that Mitchell's alleged tortious conduct resulted from purely personal considerations, was not within the ambit of his assigned duties, did not further Fibrebond's objectives and was not sufficiently connected to his employment duties so as to be regarded as a risk of harm fairly attributable to Fibrebond.

In opposition to the motion for summary judgment, the plaintiffs argued that Mitchell's violence was primarily an employment-related act. While plaintiffs admitted that Mitchell's actions did not benefit Fibrebond, they asserted that Mitchell reacted because Guy reported him to the supervisor, initiating the "derogatory exchange" between Guy and Mitchell. Plaintiffs argued that an employment-related nexus for the assault and battery was established by Mitchell's reprimand by his supervisor, and the reprimand was an act within the supervisor's job duties. The plaintiffs further argued that because fighting and workplace violence were specifically prohibited at Fibrebond, the possibility of physical altercations was a risk of harm "fairly attributable to Fibrebond's business." The trial court rejected the plaintiffs' arguments and granted summary judgment in favor of Fibrebond. The plaintiffs appeal.

DISCUSSION

The plaintiffs contend the trial court erred in granting summary judgment. They argue the trial court erred when it concluded that there was no evidence to support the plaintiffs' allegation that the intentional tort committed by Mitchell was within the course and scope of his employment.

*1247 Summary judgment shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with any affidavits, show that there is no genuine issue of material fact and that the mover is entitled to judgment as a matter of law. LSA-C.C.P. art. 966(B). An appellate court reviews summary judgments de novo under the same criteria that govern a trial court's considerations of the appropriateness of summary judgment. Watkins v. International Service Systems, 32,022 (La.App.2d Cir.6/16/99), 741 So.2d 171, writ denied, 99-C-2129 (La.10/29/99), 749 So.2d 640.

In Watkins, this court discussed the exception to an employee's exclusive remedy in workers' compensation for the intentional torts of an employer or co-employee. We also discussed an employer's vicarious liability for the intentional acts of its employee:

Ordinarily, an employee's exclusive remedy for an on-the-job injury is workers' compensation. La. R.S. 23:1031, 1032. However, La. R.S. 23:1032(B) provides an exception to this rule for intentional torts. According to this exception, neither an employer nor a co-employee who willfully causes an employee's injury can avail himself of the shield of tort immunity generally provided by La. R.S. 23:1032. Moreover, an employer can be held vicariously liable for the intentional acts of its employee. Barto v. Franchise Enterprises, Inc., 588 So.2d 1353 (La.App. 2d Cir.1991), writ denied, 591 So.2d 708 (La.1992); Baumeister, supra; LeBrane v. Lewis, 292 So.2d 216 (La. 1974); Barto, supra, and authorities therein.
Nevertheless, such liability extends only to those acts which are within the course and scope of the injuring employee's employment. LSA-C.C. art. 2320; Baumeister v. Plunkett, 95-2270 (La.05/21/96), 673 So.2d 994; Barto, supra. The course of employment test refers to time and place. Baumeister, supra. The scope of employment test examines the employment related risk of injury. Id.
Indeed, in order for vicarious liability to attach, the tortious conduct of the employee must be so closely connected in time, place, and causation to his employment duties as to be regarded as a risk of harm fairly attributable to the employer's business, as compared with conduct instituted by purely personal considerations entirely extraneous to the employer's interest.
Our supreme court has suggested the following factors be considered in holding an employer vicariously liable for an employee's deliberate actions: whether the tortious act was primarily employment rooted; whether the violence was reasonably incidental to the performance of the employee's duties; whether the act occurred on the employer's premises; and, whether it occurred during the hours of employment. (Emphasis added.) LeBrane, supra. It is not necessary that all four factors be met in order to find liability. Baumeister, supra; Barto, supra.

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810 So. 2d 1245, 2002 WL 313187, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guy-v-mitchell-lactapp-2002.