# Blanchard v. Ogima

> Supreme Court of Louisiana · November 12, 1968 · 253 La. 34

URL: https://www.frixlaw.com/law-library/cases/9671902

## Case

- **Full name:** Edgar Frank BLANCHARD and the Home Indemnity Company v. Sam OGIMA, Vincent Russo D/B/A Russo Motors
- **Court:** Supreme Court of Louisiana
- **Decided:** November 12, 1968
- **Citations:** 253 La. 34; 215 So. 2d 902; 1968 La. LEXIS 2480
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** McCaleb
- **Cited by:** 119 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9671902

## How later opinions describe it (automated extraction)

- stating that the ordinary line of inquiry to determine whether a party can be held vicariously liable begins with determining whether there was an employment relationship
- discussing various employment relationships under Louisiana law

## Opinion text

On Application for Rehearing.
PER CURIAM.
Applicant correctly urges that we were-in error in stating: “That court [in Morton v. American Employers Insurance Co., 104 So.2d 189 (La.App. 2nd Cir. 1958)] then erroneously held the principal liable-for the physical tort of his agent * * *.”
The Morton case was used for a comparison of language and not for its holding. While finding a non-servant agent free from negligence and his principal therefore absolved from liability, the court, used language indicating that it would' have fixed personal liability upon the principal had the non-servant agent been negligent.
Rehearing refused.
McCALEB, J., recused.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9671902. Public record. Not legal advice.