Wilcox v. Harco National Insurance Company, 3:16-cv-00187

On December 17, 2014, Hill & Hill employee Anthony Richards, driving a company tractor-trailer, collided with a vehicle driven by Joseph Wilcox.
Defendants admit Richards was acting in the course and scope of his employment; Hill & Hill concedes vicarious liability if Richards is negligent.
Wilcox also asserted independent negligence claims against Hill & Hill (negligent hiring, training, supervision, permitting distracted driving).
Defendants moved for partial summary judgment seeking dismissal with prejudice of the independent negligence claims against Hill & Hill, arguing an employer cannot be separately at fault when vicarious liability is conceded.
Plaintiff argued Louisiana’s comparative fault regime (La. Civ. Code art. 2323) allows pursuing independent negligence claims against an employer alongside respondeat superior liability.
The Court granted Defendants’ motion and dismissed the independent negligence claims against Hill & Hill with prejudice.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether an employer can be held independently negligent (hiring/training/supervision) when it concedes the employee acted within scope of employment	Comparative-fault framework permits allocating fault to employer separately from employee	Vicarious liability is a method, not a separate cause; if employer concedes scope, independent claims cannot be separately allocated	Court: Employer's independent negligence claims dismissed; plaintiff cannot maintain separate employer fault when employer stipulates employee acted in scope
Whether comparative fault principles apply to respondeat superior attribution	Art. 2323 allows comparative-fault allocation among tortfeasors generally	Comparative fault is irrelevant where liability is founded on respondeat superior and employer concedes scope	Court: Comparative fault does not save independent employer claims in this posture; plaintiff’s comparative-fault argument fails

Celotex Corp. v. Catrett, 477 U.S. 317 (summary judgment standard and burden shifting)
Anderson v. Liberty Lobby, 477 U.S. 242 (reasonable jury standard for genuine fact disputes)
Delta & Pine Land Co. v. Nationwide Agribusiness Ins. Co., 530 F.3d 395 (5th Cir.) (summary judgment evidence and credibility principles)
Richard v. Hall, 874 So.2d 131 (La.) (policy basis for employer vicarious liability)
Kelly v. Dyson, 40 So.3d 1100 (La. App. 5 Cir.) (scope-limited discussion of employer liability under respondeat superior)