Spencer v. HOWARD, WEIL

543 So. 2d 547, 1989 WL 40747
CourtLouisiana Court of Appeal
DecidedApril 27, 1989
Docket89-CA 0002
StatusPublished
Cited by8 cases

This text of 543 So. 2d 547 (Spencer v. HOWARD, WEIL) 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
Spencer v. HOWARD, WEIL, 543 So. 2d 547, 1989 WL 40747 (La. Ct. App. 1989).

Opinion

543 So.2d 547 (1989)

Rosiland SPENCER
v.
HOWARD, WEIL, LABOUISSE & FRIEDRICHS, INC.

No. 89-CA 0002.

Court of Appeal of Louisiana, Fourth Circuit.

April 27, 1989.
Writ Denied June 30, 1989.

William R. Mustian, III, Metairie, for appellant.

David Israel, Christopher C. Johnston, Pamela A. Sweeney of McGlinchey, Stafford, Mintz, Cellini & Lang, New Orleans, for appellee.

Before CIACCIO, WARD and BECKER, JJ.

CIACCIO, Judge.

Plaintiff appeals devolutively from a judgment of the district court which dismissed her action for wrongful termination of employment. The trial court maintained defendant's exceptions of no cause of action and res judicata. We affirm the judgment maintaining the exception of res judicata and find it unnecessary to review the exception of no cause of action.

The parties agree to the following facts:

In 1980 plaintiff, Rosiland Spencer, sustained a work related injury to her lower back. She received worker's compensation benefits for this injury. In April, 1986 she suffered an aggravation of that injury and again received compensation benefits. In April, 1987 Howard, Weil determined that Spencer had no residual disability and terminated her worker's compensation benefits. Howard, Weil invited Spencer to return to work but Spencer refused, claiming she was totally disabled and unable to work. Because Spencer claimed that she *548 was unable to return to work she was discharged on April 30, 1987.

On May 14, 1987 plaintiff filed suit against the defendant seeking compensation benefits. (Doc. No. 87-8509 D). On January 4, 1988 plaintiff and defendant entered into a settlement agreement whereby plaintiff received $30,000 in return for her relinquishment of certain rights against the defendant, including dismissal of her lawsuit seeking compensation benefits. Thereafter a judgment of dismissal was entered in that lawsuit.

On April 28, 1988 plaintiff filed this action for damages alleging that she was "terminated from her employment with the defendant in retaliation for having asserted her rights to benefits under the Louisiana Workmen's Compensation Law" in violation of Revised Statute Title 23 Section 1361.

On August 15, 1988 the defendant filed peremptory exceptions of no cause of action and res judicata with a memorandum which included copies of the plaintiff's petition for worker's compensation and the judgment in that case. (Doc. No. 87-8509 D) An opposition to the exception, containing a copy of the receipt and release, was filed by the plaintiff on October 14, 1988.

The trial court rendered judgment maintaining the exceptions of no cause of action and res adjudicata. On appeal, plaintiff urges that the trial court erred in maintaining the exceptions, claiming that the language in the consent judgment rendered in plaintiff's worker's compensation suit and in the companion receipt and release did not manifest an intent by the parties to compromise plaintiff's claim for wrongful termination of employment.

Plaintiff urges that the exception of res judicata is not applicable because the "thing demanded" in the compensation suit was distinct from her claim in tort for retaliatory discharge which is the basis for the current suit.

In order for an exception of res judicata to apply three elements must exist:

La.R.S. 13 Sec. 4231. Res judicata, essential elements

The authority of the thing adjudged takes place only with respect to what was the object of the judgment. The thing demanded must be the same; the demand must be founded on the same cause of action; the demand must be between the same parties, and formed by them against each other in the same quality.

Our review of both suits shows that, in both cases, the parties are the same and the demands are between the same parties who are acting in the same capacities. In order for res judicata to apply, we must determine whether the thing demanded is the same and if it is founded upon the same cause of action.

The plaintiff in this action for wrongful termination asserts her rights under a provision of the Louisiana Worker's Compensation Act which provides in pertinent part:

La.R.S. 23:1361(B)

No person shall discharge an employee from employment because of said employee having asserted a claim for benefits under the provisions of this Chapter or under the law of any other state or of the United States. Nothing in this Chapter shall prohibit an employer from discharging an employee who because of injury can no longer perform the duties of his employment.

The consent judgment rendered in the suit for worker's compensation provided:

JUDGMENT

This matter has been presented to the Court on the joint petition and agreement of ROSILAND SPENCER, HOWARD, WEIL, LABOUISSE & FRIEDRICHS, INC. and FEDERAL INSURANCE COMPANY AND PACIFIC INDEMNITY COMPANY, MEMBERS OF THE CHUBB GROUP OF INSURANCE COMPANIES, and the Court having been fully informed and having discussed the proposed compromise settlement and its terms with the said ROSILAND SPENCER, who appeared personally before the Court accompanied by her attorney, and it appearing that the said ROSILAND *549 SPENCER has been fully advised of all her rights under the laws of Louisiana, particularly the Louisiana Workmen's Compensation Laws, being Act 20 of 1914 of Louisiana, and the other laws of Louisiana, and that the settlement is fair and equitable and does substantial justice to the parties, and was entered into primarily and exclusively to avoid litigation, and that the settlement has been recommended to the Court by the attorney for ROSILAND SPENCER.

IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED that the said compromise settlement be, and it is hereby approved and homologated and made the judgment of this Court, and that, accordingly, the said ROSILAND SPENCER have and recover judgment against HOWARD, WEIL, LABOUISSE & FRIEDRICHS, INC. and its insurer (s) in solido in the amount of THIRTY-THOUSAND and NO/100 ($30,000.00) DOLLARS all in full and final payment, settlement, satisfaction and compromise of any and all claims for workmen's compensation, including past and future medical expenses, vocational rehabilitation expenses, damages and expenses due and to become due the said ROSILAND SPENCER by HOWARD, WEIL, LABOUISSE & FRIEDRICHS, INC. its insurer, FEDERAL INSURANCE COMPANY AND PACIFIC INDEMNITY COMPANY, MEMBERS OF THE CHUBB GROUP OF INSURANCE COMPANIES, arising under the Louisiana Workmen's Compensation Laws and the federal laws of worker's compensation or however, arising, on account of and/or growing out of the alleged accident and injuries to ROSILAND SPENCER which occurred on or about December 5, 1980 or at any other time, or as a result of anything else that may have occurred to ROSILAND SPENCER while employed by HOWARD, WEIL, LABOUISSE & FRIEDRICHS, INC.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that upon said payment being made, ROSILAND SPENCER be, and she is hereby, authorized and empowered to execute a full, binding and complete release for all claims of every nature, character and kind to HOWARD, WEIL, LABOUISSE & FRIEDRICHS, INC. and its insurer and each and both of them, arising out of or growing out of the alleged accident which occurred on or about December 5, 1980 or at any other time, or anything else that may have occurred to ROSILAND SPENCER while employed by HOWARD, WEIL, LABOUISSE & FRIEDRICHS, INC.

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Cite This Page — Counsel Stack

Bluebook (online)
543 So. 2d 547, 1989 WL 40747, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spencer-v-howard-weil-lactapp-1989.