The Lawletter Vol 47 No 4
Can a plaintiff pursue claims of direct negligence against an employer when the employer admits that its employee was acting within the scope of employment at the time a tort occurs? The Louisiana Supreme Court addressed this issue of first impression in Martin v. Thomas, 2021-01490 (La. 6/1/22); 346 So. 3d 238. In the Martin case, the plaintiff (Reginald Martin) alleged that a truck driver (Rodney Thomas) caused an accident while operating a tractor truck owned by his employer (Greer Logging, LLC). After the employer admitted that its driver was acting within the scope of his employment, the plaintiff amended his complaint to add claims of direct negligence against the employer, including allegations of negligent hiring, supervision, training, retention, and negligent entrustment.
The trial court dismissed the direct negligence claims, agreeing with defense counsel that a plaintiff cannot pursue both direct negligence and vicarious liability claims after the course and scope of employment have been admitted. The Martin court reversed on appeal, holding that Louisiana’s pure comparative fault system allows a jury to consider the degree of fault of both an employer and an employee.Read More