Lisa Whittington v. Walmart, Inc. and Adam Bourgeois
This text of Lisa Whittington v. Walmart, Inc. and Adam Bourgeois (Lisa Whittington v. Walmart, Inc. and Adam Bourgeois) 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.
Opinion
STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
LISA WHITTINGTON NO. 2021 CW 0745
VERSUS
WALMART INC. AND ADAM NOVM4BER 02 , 2021 BOURGEOIS
In Re: Walmart Inc., applying for supervisory writs, 23rd Judicial District Court, Parish of Ascension, No. 128735.
BEFORE: GUIDRY, HOLDRIDGE, AND CHUTZ, JJ.
WRIT GRANTED. The district court' s June 3, 2021 ruling denying the motion for partial summary judgment filed by defendant, Walmart Inc., is hereby reversed. A plaintiff cannot
maintain direct negligence claims such as negligent hiring, entrustment, supervision, etc., against an employer while
simultaneously maintaining claims against the employer for vicarious liability after the employer has admitted that the employee was in the course and scope of employment at the time
of the alleged conduct. Wheeler v. United States Fire Insurance
Company, 2018- 1422 ( La. App. lst Cir. 6/ 13/ 19), 2019 WL 2612903, 2( unpublished) ( per curiam); Elee v. White, 2019- 1633 ( La.
App. lst Cir. 7/ 24/ 20), _ So. 3d _, 2020 WL 4251974, * 4, writ
denied, 2020- 01048 ( La. 11/ 10/ 20), 303 So. 3d 1038. In this case, the employer, Walmart Inc., admitted that its employee was in the course and scope of employment at the time of the accident.
Accordingly, the motion for partial summary judgment filed by defendant, Walmart Inc., is granted and all claims of
independent negligence against Walmart Inc. for negligent
hiring, training, supervision and retention are dismissed.
JMG WRC
Holdridge, J., concurs. I am constrained to follow the First Circuit jurisprudence of Wheeler v. United States Fire Insurance Company, 2018- 1422 ( La. App. lst Cir. 6/ 13/ 19), 2019 WL 2612903, * 2( unpublished) ( per curiam); and Elee v. White, 2019- 1633 ( La. App. 1st Cir. 7/ 24/ 20), _ So. 3d 2020 WL 4251974, * 4, writ denied, 2020- 01048 ( La. 11/ 10/ 20), 303 So. 3d 1038.
DEPUTY CL RK OF COURT FOR THE COURT
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