Recent Development by Cheryl L. Martin
On May 10, 1990, Vicky Gauthier rode as a passenger in a pick-up truck driven by her employer, Curry Cooper. In a no-passing zone on a highway in Bunkie, Louisiana, Cooper attempted to pass a tractor on the left at the same time that the tractor attempted to make a left turn. The pickup truck and tractor collided, injuring Ms. Gauthier. To obtain compensation for her injuries, Ms. Gauthier not only entered into a workers' compensation settlement with her employer but also filed suit against the owner, the driver, and the insurer of the tractor.
Prior to trial, Ms. Gauthier moved to preclude assessment of employer fault pursuant to Civil Code Article 2324(B). The trial court granted the motion, and the defendants appealed, urging that the 1987 amendment to Article 2324 required an assessment of the employer's fault. The Third Circuit Court of Appeal disagreed and affirmed the trial court's ruling. The Louisiana Supreme Court reversed the Louisiana Third Circuit's decision, holding that the 1987 amendment to Civil Code Article 2324 mandates the assessment of employer fault. Gauthier v. O'Brien, 618 So. 2d. 825 (La. 1993).
About the Author
Cheryl L. Martin.
Citation
68 Tul. L. Rev. 999 (1994)