Williams v. Aetna Casualty & Surety Co.

Louisiana Court of Appeal

Williams v. Aetna Casualty & Surety Co.

362 So. 2d 1150, 1978 La. App. LEXIS 2981

CourtLouisiana Court of Appeal

DecidedAugust 28, 1978

DocketNo. 13599

StatusPublished

Cited by1 cases

This text of 362 So. 2d 1150 (Williams v. Aetna Casualty & Surety Co.) 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.

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Williams v. Aetna Casualty & Surety Co., 362 So. 2d 1150, 1978 La. App. LEXIS 2981 (La. Ct. App. 1978).

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Opinion

HALL, Judge.

In this wrongful death action arising out of an on-the-job accident which happened prior to the effective date of Act 147 of 1976, amending LSA — R.S. 23:1032 and 1101, the district court held the act to be retroactive, sustained a peremptory exception of no right of action and no cause of action, and dismissed the plaintiff’s and third-party-plaintiffs’ demands against an executive officer of the decedent’s employer and the executive officer’s liability insurer.

Act 147 of 1976 cannot be applied retroactively so as to bar a cause of action against an executive officer of an employer arising out of an accident which occurred prior to the effective date of the act. Bostick v. International Minerals & Chemical Corporation, 360 So.2d 898 (La.App. 2d Cir. 1978); Guillory v. McClinton, 359 So.2d 223 (La.App. 1st Cir. 1978); Wilkinson v. Viccinelli, 359 So.2d 634 (La.App. 1st Cir. 1978); Billedeaux v. Adams, 355 So.2d 1345 (La.App. 3d Cir. 1978); Green v. Liberty Mutual Insurance Company, 352 So.2d 366 (La.App. 4th Cir. 1977), writ refused 354 So.2d 210 (La.1978).

[1151]*1151The judgment of the district court is reversed; the peremptory exception of no right of action and no cause of action is overruled; the action is remanded to the district court for further proceedings; and the costs of appeal are assessed to appellees, John Carr Burgess and Hartford Accident & Indemnity Company.

Reversed and remanded.

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HALL, Judge.

In this wrongful death action arising out of an on-the-job accident which happened prior to the effective date of Act 147 of 1976, amending LSA — R.S. 23:1032 and 1101, the district court held the act to be retroactive, sustained a peremptory exception of no right of action and no cause of action, and dismissed the plaintiff’s and third-party-plaintiffs’ demands against an executive officer of the decedent’s employer and the executive officer’s liability insurer.

Act 147 of 1976 cannot be applied retroactively so as to bar a cause of action against an executive officer of an employer arising out of an accident which occurred prior to the effective date of the act. Bostick v. International Minerals & Chemical Corporation, 360 So.2d 898 (La.App. 2d Cir. 1978); Guillory v. McClinton, 359 So.2d 223 (La.App. 1st Cir. 1978); Wilkinson v. Viccinelli, 359 So.2d 634 (La.App. 1st Cir. 1978); Billedeaux v. Adams, 355 So.2d 1345 (La.App. 3d Cir. 1978); Green v. Liberty Mutual Insurance Company, 352 So.2d 366 (La.App. 4th Cir. 1977), writ refused 354 So.2d 210 (La.1978).

[1151]*1151The judgment of the district court is reversed; the peremptory exception of no right of action and no cause of action is overruled; the action is remanded to the district court for further proceedings; and the costs of appeal are assessed to appellees, John Carr Burgess and Hartford Accident & Indemnity Company.

Reversed and remanded.

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362 So. 2d 1150, 1978 La. App. LEXIS 2981, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-aetna-casualty-surety-co-lactapp-1978.

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