Franklin v. Haughton Timber Co., 380 So. 2d 624

Lead Opinion

In re Jewel Ray Franklin, et ux., applying for certiorari, or writ of review, to the Court of Appeal, Second Circuit. Parish of DeSoto. 377 So.2d 400.

Writ denied.

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Dissenting Opinion

DENNIS, J.,

would grant. The statute prohibiting employment of a minor in connection with power-driven machinery imposes civil liability on the principal employer for the minor’s death. Cf. Boyer v. Johnson, 360 So.2d 1164 (La.1978). This cause of action is independent of any right granted or preempted by the workmen’s compensation act, La.R.S. 23:1031 et seq., because the “act” which caused the damage was the unlawful hiring of the minor, which preceded the employment in the course of which he was injured. La.C.C. Arts. 2315, 2320.

Case Details

Case Name: Franklin v. Haughton Timber Co.

Court Name: Supreme Court of Louisiana

Date Published: Feb 15, 1980

Citations: 380 So. 2d 624; 1980 La. LEXIS 6750; No. 66569

Docket Number: No. 66569

Court Abbreviation: La.