137 So. 3d 671
La. Ct. App.2014Background
- McClain sued the City of New Orleans and Yolanda Rodriquez for disability discrimination (failure to accommodate) and battery, filed March 11, 2013.
- Rodriquez is named both as CPC director and in her individual capacity; City alleged peremptory exceptions of prescription, no cause of action, and vagueness.
- Original petition alleged Lysol spraying in the CPC offices and requested reasonable accommodation to avoid exposure.
- McClain later amended, alleging two city employees sprayed Lysol at Rodriquez’s direction; claimed disability (breathing impairment) and continued exposure.
- Trial court sustained the City’s no-cause-of-action exception for failure to accommodate and dismissed both claims; judgment was appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Disability discrimination claim viability | McClain asserts she is disabled and was not reasonably accommodated. | Petition lacks a statutorily defined disability and specifics on accommodation. | As to failure to accommodate, dismissal affirmed but amendment permitted under Art. 934. |
| Battery claim sufficiency | Weems/Black-man sprayed Lysol at Rodriquez’s direction, causing an intentional battery. | Petition fails to name responsible individuals and to plead an actionable battery. | Battery claim stated; trial court erred in dismissing. |
Key Cases Cited
- Ramey v. DeCaire, 869 So.2d 114 (La. 2004) (peremptory exceptions test legal sufficiency of petition; no evidence)
- Montalvo v. Sondes, 637 So.2d 127 (La. 1994) (fact-pleading system; avoid bare conclusions)
- Kizer v. Lilly, 471 So.2d 716 (La. 1985) (no need to plead theory, but must plead facts)
- Beaumont v. Exxon Corp., 868 So.2d 976 (La. 2004) (impairment must be substantial to constitute disability)
- Foti v. Holliday, 27 So.3d 813 (La. 2009) (well-pleaded facts presumed true on no-cause motion)
- Caudle v. Betts, 512 So.2d 389 (La. 1987) (intentional tort exception to exclusive remedy)
- Bazley v. Tortorich, 397 So.2d 475 (La. 1981) (test for intentional tort)
- Jasmin v. HNV Cent. Riverfront Corp., 642 So.2d 311 (La. App. 4th Cir. 1994) (definition of 'substantially certain' in intent)
- City of New Orleans v. Board of Com’rs of Orleans Levee Dist, 640 So.2d 237 (La. 1994) (standard for reviewing petition sufficiency)