McGuire v. Honeycutt

387 So. 2d 674
CourtLouisiana Court of Appeal
DecidedJuly 30, 1980
Docket7704
StatusPublished
Cited by27 cases

This text of 387 So. 2d 674 (McGuire v. Honeycutt) 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
McGuire v. Honeycutt, 387 So. 2d 674 (La. Ct. App. 1980).

Opinion

387 So.2d 674 (1980)

Edward McGUIRE, Jr., Plaintiff-Appellee,
v.
Katherine D. HONEYCUTT; James A. Welch; and The Military Department, State of Louisiana, Defendants-Appellants.

No. 7704.

Court of Appeal of Louisiana, Third Circuit.

July 30, 1980.
Rehearing Denied September 19, 1980.

*675 Gold, Little, Simon, Weems & Bruser, Edward E. Rundell, Alexandria, for defendants-appellants.

Christopher J. Roy, Gravel, Robertson & Brady, Thomas K. Bracato, Alexandria, for plaintiff-appellee.

Stafford, Stewart & Potter, Russell L. Potter, Alexandria, for defendant-appellee.

Before DOMENGEAUX, GUIDRY and CUTRER, JJ.

CUTRER, Judge.

This is a tort suit. Edward McGuire seeks to recover damages for personal injuries sustained in a collision between two automobiles. Named as defendants were Katherine D. Honeycutt,[1] James A. Welch, the Military Department, State of Louisiana, and Travelers Insurance Company, the insurer of the Military Department. Following a jury trial on the merits, the trial judge granted a directed verdict in favor of plaintiff against the defendants on the issue of liability. The issue of quantum of damages (special and general) was submitted to *676 the jury which rendered a verdict in favor of the plaintiff for $35,000.00. Judgment was then rendered in favor of plaintiff and against defendants in the sum of $35,000.00. Defendants Welch and the Military Department have appealed.[2] The plaintiff has answered the appeal asking for an increase in the award for damages.

This is a companion case to Honeycutt v. Travelers Insurance Company, 387 So.2d 680 (La.App. 3rd Cir. 1980), Docket Number 7705, in which a separate opinion is being rendered this date.

The record reveals the following undisputed facts: James A. Welch was employed by the Military Department of the State of Louisiana at Camp Beauregard near Pineville, Louisiana. Camp Beauregard also contains a penal institution operated by the Department of Corrections of the State of Louisiana. On the evening of November 8, 1978, Welch received a call requesting that he transport a sick inmate of the Department of Corrections facility to the Huey P. Long Memorial Hospital. The inmate was placed in a station wagon which was equipped with flashing lights and belonged to the Military Department. The inmate was accompanied by the plaintiff (McGuire), who was employed by the Department of Corrections, and another employee of the Department of Corrections.

Welch drove the station wagon with flashing lights in excess of the posted speed limit. It was dark and raining. As Welch, driving southerly on Main Street in Pineville, approached the intersection of Shamrock Street and Main, the traffic light turned red. Welch attempted to ascertain whether any traffic was approaching the intersection on Shamrock, but his view was obstructed. Welch, however, seeing no lights of approaching cars, proceeded into the intersection whereupon the station wagon was struck by a vehicle driven by Katherine D. Honeycutt who was proceeding westerly on Shamrock and who had entered the intersection on a green light. McGuire, a passenger in the vehicle driven by Welch, was seriously injured.

It was conceded at trial and on appeal by all parties that Mrs. Honeycutt was free of negligence. Further, it is not disputed that Welch was at fault in causing the accident.

McGuire brought suit in tort against the defendants for his personal injuries. Defendants denied liability in tort contending that LSA-R.S. 23:1032 provided that plaintiff's exclusive remedy was workmen's compensation.

Following the close of the testimony and evidence several exceptions and motions were considered by the trial judge.

In oral reasons for judgment, the trial judge overruled a peremptory exception of no cause of action and denied the motion for a directed verdict filed by defendants. He stated that he so ruled for the reasons that plaintiff and Welch were employed by different departments of the State; that Welch's act of running the red light was "intentional," and that Welch was also not acting in the normal course and scope of his employment at the time of the accident. He thus concluded that this tort action was not barred by LSA-R.S. 23:1032.

The issues on appeal center around the provisions of LSA-R.S. 23:1032, a part of the workmen's compensation law. This statute provides, in part, as follows:

"The rights and remedies herein granted to an employee or his dependent on account of an injury, or compensable sickness or disease for which he is entitled to compensation under this Chapter, shall be exclusive of all other rights and remedies of such employee, his personal representatives, dependents, or relations, against his employer, or any principal or any officer, director, stockholder, partner or employee of such employer or principal, for said injury, or compensable sickness or disease. For purposes of this Section, the word `principal' shall be defined as any person who undertakes to execute any *677 work which is a part of his trade, business or occupation in which he was engaged at the time of the injury, or which he had contracted to perform and contracts with any person for the execution thereof.
"Nothing in this Chapter shall affect the liability of the employer, or any officer, director, stockholder, partner or employee of such employer or principal to a fine or penalty under any other statute or the liability, civil or criminal, resulting from an intentional act.
"The immunity from civil liability provided by this Section shall not extend to: 1) any officer, director, stockholder, partner or employee of such employer or principal who is not engaged at the time of the injury in the normal course and scope of his employment; . . ." (Emphasis added.)

The above statute had the effect of abolishing "executive officer" suits except (1) in those cases where the act causing the injuries was an "intentional act," or (2) the "officer, director, stockholder, partner or employee. . . [was] not engaged at the time of the injury in the normal course and scope of his employment."

We must decide whether McGuire can maintain this suit for damages against the Military Department and/or Welch under the provisions of LSA-R.S. 23:1032. To accomplish this we must determine:

(1) Whether Welch and McGuire are considered employees of separate departments of the State or whether they are actually both employees of the State of Louisiana;
(2) If we conclude that they are both employees of the State of Louisiana, we must next determine whether McGuire's injuries resulted from an "intentional act" of Welch; and
(3) If we determine that Welch's act was not intentional, then we must decide whether Welch was acting in the "normal course and scope of his employment" at the time of the accident and injury.

I.

It is undisputed that Welch and McGuire were performing duties for two different departments of the State at the time of the accident. The question then arises as to whether they are to be considered as employees of the departments or employees of the State for the purpose of workmen's compensation.

This question was recently considered in the case of Wright v. Moore, 380 So.2d 172 (La.App. 1st Cir. 1979), writ den., 382 So.2d 164 (La.1980).

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Bluebook (online)
387 So. 2d 674, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcguire-v-honeycutt-lactapp-1980.