# Vidrine v. Michigan Millers Mutual Insurance Co.

> Supreme Court of Louisiana · October 4, 1972 · 263 La. 300

URL: https://www.frixlaw.com/law-library/cases/9689849

## Case

- **Full name:** Theodule VIDRINE, Plaintiff, Ashy Construction Company, Intervenor-Appellant-Respondent, v. MICHIGAN MILLERS MUTUAL INSURANCE COMPANY, Defendant-Appellee-Relator
- **Court:** Supreme Court of Louisiana
- **Decided:** October 4, 1972
- **Citations:** 263 La. 300; 268 So. 2d 233; 1972 La. LEXIS 5403
- **Precedential status:** Published
- **Opinion:** Dissent by McCALEB
- **Judges:** Hamlin, Barham, McCaleb, Tate, Dixon
- **Cited by:** 23 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/9689849

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9689849. Public record. Not legal advice.