Opinion

Vidrine v. Michigan Millers Mutual Insurance Co.

  • 263 La. 300
  • 268 So. 2d 233
  • 1972 La. LEXIS 5403
Court
Supreme Court of Louisiana
Filed
Oct 4, 1972
Status
Published
Author
McCALEB
On the bench
Hamlin, Barham, McCaleb, Tate, Dixon
Cited by
23 cases
Authority
More cited than 8.4%

The opinion

McCALEB, C. J.,

dissents, being of the

opinion that the decision of the Court of Appeal is correct. See 242 So.2d 249 . The attempt of the majority to distinguish City of Shreveport v. Southwestern Gas & Electric Company, 145 La. 680 , 82 So. 785 , is unreal for R.S. 23:1101-03 in essence *316 confers simply a right of legal subrogation (not a separate cause of action for indemnification) in favor of every compensation-paying employer against negligent third persons. Not only does the decision today effectually overrule the City of Shreveport case (under the guise of distinction), it also overrules several cases from our Courts of Appeal and like conclusions of the Fifth Circuit Court of Appeals of the United States, sub silentio, despite the fact that over these many years the Legislature itself has not amended the statute to effect an overruling of his jurisprudence. In confining the right of action granted to all compensation-paying employers to those who are “faultless”, the decision herein, adopting the views of Professor Malone, constitutes a judicial amendment to the statute which presently permits no such classification of employers.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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