Lakendric Brandon v. James Richard, Ed Price Building Materials, Inc. and Pennsylvania Lumbermens Mutual Insurance Company

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

LAKENDRIC BRANDON NO. 2020 CW 0738

VERSUS

JAMES RICHARD, ED PRICE OCTOBER 26, 2020
BUILDING MATERIALS, INC.,

AND PENNSYLVANIA LUMBERMENS
MUTUAL INSURANCE COMPANY

In Re: James Richard and Ed Price Building Materials, Inc.,

applying for supervisory writs, 19th Judicial District
Court, Parish of East Baton Rouge, No. 628843.

BEFORE: WHIPPLE, C. J., WELCH AND CHUTZ, JJ.

WRIT GRANTED. The district court' s August 13, 2020
judgment denying the motion for partial summary judgment filed
by Defendants, James Richard and Ed Price Building Materials,
Inc., is hereby reversed. A plaintiff cannot maintain direct
negligence claims, such as negligent hiring, entrustment,

supervision, etc., against an employer while simultaneously
maintaining claims against the employer for vicarious liability
after the employer has admitted that the employee was in the
course and scope of employment at the time of the alleged

conduct. Wheeler v. United States Fire Insurance Company, 2018-
1422 ( La. App. 1st Cir. 6/ 13/ 19), 2019 WL 2612903, at * 2
unpublished) ( per curiam); Elee v. White, 2019- 1633 ( La. App.
1st Cir. 7/ 24/ 20), So. 3d 11 2020 WL 4251974, at * 4. In this
case, the employer, Ed Price Building Materials, Inc., admitted

that its employee was in the course and scope of his employment
at the time of the accident. the for
Accordingly, motion

partial
summary judgment
filed by Defendants, James Richard and
Ed Price Building Materials, Inc., is granted and all claims of
independent negligence against Ed Price Building Materials, Inc.

for negligent hiring, training, and/ or supervision are dismissed
with prejudice.

VGW
JEW
WRC

COURT OF APPEAL, FIRST CIRCUIT

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EPUTY CL R"K OF COURT
FOR THE COURT