Opinion

Broussard v. Heebe's Bakery, Inc.

  • 263 La. 561
  • 268 So. 2d 656
  • 1972 La. LEXIS 5435
Court
Supreme Court of Louisiana
Filed
Nov 6, 1972
Status
Published
Author
Summers
On the bench
McCaleb, Summers, Barham, Tate
Cited by
38 cases
Authority
More cited than 13.1%

holding workers’s compensation act inapplicable “where the transaction between the [plaintiffs] immediate employer and the [purported principal] ... employer is that of purchase and sale, or where some other relation besides that of principal and contractor exists between them”

How later courts described this case

  • holding workers’s compensation act inapplicable “where the transaction between the [plaintiffs] immediate employer and the [purported principal] ... employer is that of purchase and sale, or where some other relation besides that of principal and contractor exists between them”
  • holding worker’s compensation act inapplicable “where the transaction between the [plaintiffs] immediate employer and the [purported principal] ... employer is that of purchase and sale, or where some other relation besides that of principal and contractor exists between them”

Written by the judges who cited it.

Distinguished

  • Distinguished by Lyon v. Cobena, 1980 La. App. LEXIS 4471 (1980)

    The Broussard case is distinguishable.
    Louisiana Court of AppealOct 9, 1980Read it

The opinion

SUMMERS, Justice

(dissenting).

I agree with those expressions of the-majority opinion that the injured employee-of the contractor does not have two causes of action against the principal, one for compensation and the other in tort. Under the Workmen’s Compensation Act and the-jurisprudence of this State, the exclusive-remedy of the employees of the contractor- *576 .against the principal is for workmen’s compensation, and there is no remedy in tort against the principal.

However, I would not disturb the findings of the trial judge and the court of appeal on the issue of fact involved. See La.App., 254 So.2d 284 . I would conclude that the relationship between Heebe and Wolf is that of principal and contractor, and plaintiff can only recover workmen’s compensation. Heebe is not a “third person” under the Act subject to an action in tort. There is no intimation whatsoever that the relationship between Heebe and Wolf was designed solely to circumvent tort liability. When such a case is presented those facts will readily warrant the imposition of tort liability against the “third party”. Thibodaux v. Sun Oil Co., 218 La. 453 , 49 So.2d 852 (1950); Guillory v. Farrar, 182 So.2d 158 (La.App.1966); Cerie v. Malone, 125 So.2d 254 (La.App.1960).

I respectfully dissent.

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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