Holloway v. City of Oberlin

21 So. 3d 1063, 9 La.App. 3 Cir. 324, 2009 La. App. LEXIS 1736, 2009 WL 3190392
CourtLouisiana Court of Appeal
DecidedOctober 7, 2009
DocketNo. 09-324
StatusPublished
Cited by2 cases

This text of 21 So. 3d 1063 (Holloway v. City of Oberlin) 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
Holloway v. City of Oberlin, 21 So. 3d 1063, 9 La.App. 3 Cir. 324, 2009 La. App. LEXIS 1736, 2009 WL 3190392 (La. Ct. App. 2009).

Opinion

SULLIVAN, Judge.

| ¶ Truell Holloway appeals a judgment that dismissed his claims against the City of Oberlin (the City) with prejudice. We affirm.

FACTS AND PROCEDURAL HISTORY

Holloway filed suit against his employer, the City, on October 12, 2006, as a result of an incident that had happened at work on February 21, 2006, when a co-worker, Travis Slate, put something into a can of juice that Holloway later consumed. Holloway alleged that, as a result of his having ingested the tampered juice, he became ill and now suffers from severe physical and mental problems. Holloway averred that because the incident occurred on the job and was employment-related and because his co-worker put something into his juice with either the intent to make him ill or with knowledge that it was a substantial certainty that he would become ill, the incident amounted to an intentional tort within the meaning of the intentional tort exception to the exclusive remedy provisions of the Louisiana Worker’s Compensation Act. Accordingly, Holloway alleged that the City was vicariously liable to him for the intentional tort committed by its employee, Slate. He sought damages for past and future medical expenses, past and future pain and suffering/mental anguish, past and future lost wages, loss of earning capacity, and disability.

In its answer to Holloway’s petition, the City averred that the incident occurred as the result of an ongoing, non-employment-related, dispute between Holloway and Slate. It alleged that, because Slate’s actions were not within the course and scope of his employment and because Slate’s actions were not done in furtherance of the [2City’s business, the City could not be held vicariously liable for Slate’s actions, whether negligent or intentional.

The matter proceeded to a bench trial on November 18, 2008. Following the [1065]*1065presentation of Holloway’s case-in-ehief, the City made an oral motion for involuntary dismissal on the ground that Holloway had not proven that Slate’s actions had been committed in conjunction with his job duties or in furtherance of the City’s objectives. The trial court granted the motion and dismissed Holloway’s claims against the City with prejudice at his cost. Holloway now appeals, alleging in his sole assignment of error that the trial court committed manifest error in granting the City’s motion for involuntary dismissal on the basis that the City had no vicarious liability for Slate’s intentional tort where it was undisputed that the incident arose because of a dispute Slate had with Holloway concerning items in the employee refrigerator.

DISCUSSION

This court discussed the law concerning involuntary dismissals in Koonce v. Dous-ay, 06-1498, p. 3 (LaApp. 3 Cir. 3/7/07), 952 So.2d 893, 895-96, stating:

Louisiana Code of Civil Procedure Article 1672(B) provides:
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 and in favor of the moving party or may decline to render any judgment until the close of all the evidence.
“The trial court is granted much discretion in determining whether to grant an involuntary dismissal.” Boone v. Reese, 04-979, p. 5 (La.App. 3 Cir. 12/8/04), 889 So.2d 435, 438 (citing Kite v. Carter, 03-378 (La.App. 3 Cir. 10/1/03), 856 So.2d 1271). If after considering and weighing the plaintiff’s evidence, the trial court determines that the ^plaintiff has not met his burden of proof, it must dismiss the plaintiffs case. Gauthier v. City of New Iberia, 06-341 (La.App. 3 Cir. 9/27/06), 940 So.2d 915. “The trial court’s grant of an involuntary dismissal is subject to the well-settled manifest error standard of review.” Id. at 918.

In Armand v. Lachney, 05-763 (La.App. 3 Cir. 2/1/06), 921 So.2d 1196, this court held that the City of Alexandria was not vicariously liable to an employee for an altercation between him and another city employee during work hours and on city property, even if the co-employee’s actions amounted to an intentional tort. We explained:

An employer may be found liable under the intentional tort exception to the Workers’ Compensation Act, where an employee commits an intentional tort which results in injury to a co-employee. LeBrane v. Lewis, 292 So.2d 216 (La.1974). However, as noted by the supreme court in Baumeister v. Plunkett, 95-2270, pp. 3-4 (La.5/21/96), 673 So.2d 994, 996-97:
“An employer is not vicariously liable merely because his employee commits an intentional tort on the business premises during working hours.” Scott v. Commercial Union Ins. Co., 415 So.2d 327, 329 (La.App. 2d Cir. 1982) (citing Bradley v. Humble Oil & Refining Co., 163 So.2d 180 (La.App. 4th Cir.1964)). “Vicarious liability will attach in such a case only if the employee is acting within the ambit of his assigned duties and also in furtherance of his employer’s objective.” Id.
[1066]*1066More specifically, our LeBrane v. Lewis decision considered the following factors in holding an employer liable for a supervisor’s actions in stabbing his fellow employee:
(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 it occurred during the hours of employment.
14292 So.2d at 218. This does not mean that all four of these factors must be met before liability may be found. Miller v. Keating, 349 So.2d 265, 268 (La.1977). But as we noted above in Scott, an employer is not vicariously liable merely because his employee commits an intentional tort on the employer’s premises during working hours. 415 So.2d at 329. See also Tampke v. Findley Adhesives, Inc., 489 So.2d 299 (La.App. 4th Cir.), writ denied, 491 So.2d 24 ([La. ]1986); McClain v. Holmes, 460 So.2d 681 (La.App. 1st Cir.1984), writ denied, 463 So.2d 1321 ([La.]1985). The particular facts of each case must be analyzed to determine whether the employee’s tortious conduct was within the course and scope of his employment. Scott, 415 So.2d at 329.
“This court has stated that: ‘Under LeBrane, an employer is responsible for an employee’s intentional tort when his conduct is so closely connected in time, place, and causation to his employment duties that it constitutes a risk of harm attributable to the employer’s business.’ ” Craft v. Wal-Mart Stores, Lie., 01-564, p. 5 (La.App. 3 Cir. 10/31/01), 799 So.2d 1211, 1215, writ denied, 02-132 (La.3/22/02)[J 811 So.2d 933, (quoting Lyons v. Bechtel Corp., 00-364, p. 10 (La.App. 3 Cir.12/27/00), 788 So.2d 34, 42, writ denied, 01-282 (La.3/23/01), 787 So.2d 996.)

Id. at 1198-99. The basis for the dispute in

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21 So. 3d 1063, 9 La.App. 3 Cir. 324, 2009 La. App. LEXIS 1736, 2009 WL 3190392, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holloway-v-city-of-oberlin-lactapp-2009.