11590 Precedential Affirmed Processed

Parker v. State

Louisiana Court of Appeal, First Circuit · Filed February 17, 1978 · 353 So. 2d 333

Also decided on this docket: La. Ct. App. 4th Cir., February 5, 1981 394 So. 2d 805; La. Ct. App. 1st Cir., March 30, 1971 246 So. 2d 876

Cited by

Distinguished in 1

Thomas v. Tubbs 193 So. 3d 203 La. Ct. App. 2d Cir. 2016
Basil Fisher v. Catahoula Parish Police Jury La. Ct. App. 3d Cir. 2015
Timothy Cormier v. McNeese State University La. Ct. App. 3d Cir. 2013
Cormier v. McNeese State University 127 So. 3d 66 La. Ct. App. 1st Cir. 2013
Rogers v. Louisiana Dept. of Corrections 982 So. 2d 252 La. Ct. App. 2d Cir. 2008
Cotton v. City of Shreveport 715 So. 2d 651 La. Ct. App. 1st Cir. 1998
Becnel v. Charlet 446 So. 2d 466 La. Ct. App. 4th Cir. 1984
Bridgewater v. State Through Dept. of Corr. 434 So. 2d 383 La. 1983
Lavigne v. Sara, Inc. 424 So. 2d 273 La. Ct. App. 1st Cir. 1982
Jeansonne v. Parish of East Baton Rouge 354 So. 2d 619 La. Ct. App. 1st Cir. 1978
Parker v. State 354 So. 2d 1375 La. 1978

Authorities cited

Identified automatically; this list may not be exhaustive.

Hall v. Hartford Accident & Indemnity Co. 278 So. 2d 795
Jemison v. Kenner 281 So. 2d 753
Jones v. Houston Fire and Casualty Insurance Co. 134 So. 2d 377

Opinion text

353 So.2d 333 (1977) Perry H. PARKER v. STATE of Louisiana et al. No. 11590. Court of Appeal of Louisiana, First Circuit. November 21, 1977. Rehearing Denied December 28, 1977. Writ Refused February 17, 1978. *334 Robert D. Downing, Alexandria, of counsel, for plaintiff-appellant, Perry H. Parker. Patrick J. Briney, Baton Rouge, of counsel, for defendants-appellees, State of Louisiana, et al. Rhett Ryland, Baton Rouge, of counsel, for defendant-appellee, Houston Fire & Casualty. Before BLANCHE, COVINGTON and CHIASSON, JJ. BLANCHE, Judge. Perry H. Parker, plaintiff-appellant, is appealing from a trial court decision denying him recovery in tort because of his contributory negligence and also denying him recovery under the workmen's compensation statutes. Parker was an inmate assigned by the Department of Corrections to work at the Louisiana State Penitentiary at St. Gabriel, Louisiana. While operating a table saw there, he suffered injuries to his left hand, including the loss of one joint of the thumb and the entire ring finger thereof. The testimony at the trial was clear that while the table saw was suitable for ripping two by four's, it was unsuited for manufacturing lumber to be used as lathing for re-screening a door. Parker was not instructed to use the saw but voluntarily, on his own initiative, elected to use the saw, knowing it to be inappropriate for the task. Parker was an experienced carpenter, and his deliberate use of a saw which he knew was not a suitable tool for the work he was attempting demonstrates a complete lack of care and disregard for his own safety amounting to contributory negligence and preventing his recovery in tort. "Contributory negligence is conduct on the part of the plaintiff which falls below the standard to which he should conform for his own safety and protection, the standard being that of a reasonable man under like circumstances. * * *" ( Hall v. Hartford Accident & Indemnity Company, 278 So.2d 795, 798 [La.App. 4th Cir. 1973], writ refused, 281 So.2d 753 .) Parker was receiving two cents per hour as payment for his work at the penitentiary at the time he was injured. An identical factual situation was involved in Jones v. Houston Fire and Casualty Insurance Company, 134 So.2d 377 (La.App. 3rd Cir. 1961), where a plaintiff-inmate crippled his hand while working on a cotton ginning machine at the penitentiary. In Jones the Court held that an inmate receiving payment for work at a state penitentiary cannot be considered as an employee of the State for purposes of workmen's compensation benefits where he suffers injuries while engaged in the work program. We find the Court's reasoning persuasive. Accordingly, the plaintiff herein is not entitled to recover for his injuries under the workmen's compensation statutes. The judgment of the trial court is affirmed, plaintiff-appellant to pay all costs of this appeal. AFFIRMED.