Lisa Whittington v. Walmart, Inc. and Adam Bourgeois

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

LISA WHITTINGTON NO. 2021 CW 0745

VERSUS

WALMART INC. AND ADAM NOVM4BER 02 , 2021
BOURGEOIS

In Re: Walmart Inc., applying for supervisory writs, 23rd
Judicial District Court, Parish of Ascension, No.
128735.

BEFORE: GUIDRY, HOLDRIDGE, AND CHUTZ, JJ.

WRIT GRANTED. The district court' s June 3, 2021 ruling
denying the motion for partial summary judgment filed by
defendant, Walmart 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. lst Cir. 6/ 13/ 19), 2019 WL 2612903,
2( unpublished) ( per curiam); Elee v. White, 2019- 1633 ( La.

App. lst Cir. 7/ 24/ 20), _ So. 3d _, 2020 WL 4251974, * 4, writ

denied, 2020- 01048 ( La. 11/ 10/ 20), 303 So. 3d 1038. In this case,
the employer, Walmart Inc., admitted that its employee was in
the course and scope of employment at the time of the accident.

Accordingly, the motion for partial summary judgment filed by
defendant, Walmart Inc., is granted and all claims of

independent negligence against Walmart Inc. for negligent

hiring, training, supervision and retention are dismissed.

JMG
WRC

Holdridge, J., concurs. I am constrained to follow the
First Circuit jurisprudence of Wheeler v. United States Fire
Insurance Company, 2018- 1422 ( La. App. lst Cir. 6/ 13/ 19), 2019
WL 2612903, * 2( unpublished) ( per curiam); and Elee v. White,
2019- 1633 ( La. App. 1st Cir. 7/ 24/ 20), _ So. 3d 2020 WL
4251974, * 4, writ denied, 2020- 01048 ( La. 11/ 10/ 20), 303 So. 3d
1038.

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CL RK OF COURT
FOR THE COURT