136 So. 3d 31
La. Ct. App.2013Background
- Honor, a school custodian, sued for damages from an on-the-job battery by a co-employee at Hammond High School.
- Defendants included the School Board, Larry Jackson, and officials Kolwe and Moore, plus XYZ Insurance.
- Plaintiff alleged vicarious liability under respondeat superior for Jackson’s tort and that prior complaints should have triggered action.
- The first motion for summary judgment was granted, reversed on appeal for improper support, and the matter proceeded.
- A second motion for summary judgment was filed by defendants in 2012; plaintiff raised res judicata.
- The trial court granted the second motion; on appeal the denial of res judicata and the grant of summary judgment were affirmed against Honor.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether res judicata bars the second motion for summary judgment | Honor argues second motion barred because no new facts | Board/administration show no new issues; previous reversal controls | No; denial of first motion is interlocutory and allows second motion |
| Whether summary judgment properly dismissed vicarious liability claims | Honor contends Jackson’s acts were within employment scope | Evidence shows no basis that Jackson’s acts were within duties or in furtherance of employer’s objectives | Summary judgment proper; no genuine issue as to employer liability |
| Whether the School Board is vicariously liable for intentional tort under Baumeister factors | Baumeister factors support employer liability due to control and scope | Plaintiff failed to show acts within assigned duties or in furtherance of employer’s objectives | No vicarious liability; acts not within scope |
Key Cases Cited
- Saizan v. Pointe Coupee Parish School Bd., 49 So.3d 559 (La.App. 1 Cir. 2010) (denial of initial summary judgment does not bar subsequent motion for summary judgment)
- Duncan v. U.S.A.A. Ins. Co., 950 So.2d 544 (La. 2006) (summary judgment requires absence of genuine issues of material fact)
- Costello v. Hardy, 864 So.2d 129 (La. 2004) (de novo review of summary judgments; burden on movant to show no genuine issue)
- Pugh v. St. Tammany Parish School Bd., 994 So.2d 95 (La.App. 1 Cir. 2008) (summary-judgment standard; movant bears initial burden but nonmovant must show factual dispute)
- Baumeister v. Plunkett, 673 So.2d 994 (La. 1996) (vicarious liability requires analysis of four Baumeister factors; not automatic on premises during employment)