Benjamin Fox, Individually; On Behalf Of Minor Children E.f.; N.f.; Holly Fox, Individually; On Behalf Of Minor Children E.f.; N.F. v. Nu Line Transport, L.L.C.

Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
BENJAMIN FOX, INDIVIDUALLY; ON
BEHALF OF MINOR CHILDREN E.F.;
N.F.;
HOLLY FOX,
INDIVIDUALLY; ON BEHALF
OF MINOR CHILDREN E.F.; N.F.
VS.
NU LINE
TRANSPORT, L.L.C.
No. 2022-CQ-00980
_ _ _ _ _ _
I
N RE: Benjamin Fox, individually; on behalf of minor children E.F.; N.F. -
App
licant Plaintiff; Holly Fox, individually; on behalf of minor children E.F.; N.F.
- Applicant P
laintiff; Certified Question, United States Court of Appeals for the
Fifth Circuit Numbe
r(s) 20-30716;
_ _
_ _ _ _
Oc
tober 04, 2022
D
ismissed. See per curiam.
JBM
J
LW
JDH
SJC
JTG
WJC
PDG
Supreme Court of
Louisiana
October 04, 2022
10/04/2022 "See News Release 043 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No
. 2022-CQ-00980
B
ENJAMIN FOX, INDIVIDUALLY; ON BEHALF OF MINOR CHILDREN
E.F.; N.F.; HOLLY FOX, INDIVIDUALLY; ON BEHALF OF MINOR
CHILDREN E.F.; N.F.
VS.
NU LINE TRANSPORT, L.L.C.
O
n Certified Question from the United States Court of Appeals
For the Fifth Circuit
PE
R CURIAM
On June 22, 2022, the United States Court of Appeals for the Fifth Circuit
certified the following question to this court:
Under Louisiana law, can plaintiffs, Benjamin and Holly
Fox, individually and on behalf of their minor children EF
and NF, simultaneously maintain (1) a direct negligence
claim against Nu Line for negligent hiring, training, and
supervision of its employee Simon Brumfield and (2) a
negligence claim against Brumfield for which Nu Line
could be held vicariously liable under respondeat
superior, (3) after Nu Line has stipulated that Brumfield
was in the course and scope of employment when the
alleged negligence occurred?
S
hortly after the cer tified question was filed, we rendered our opinion in
Martin v. Thomas , 2021-01490 (La. 6/29/22), --- So. 3d ----, 2022 WL 2339095 .
Martin held a plaintiff may pursue both a direct negligence cause of action and a
vicarious liability cause of action against an employer even if the employer stipulates
that the employee was in the course and scope of employment at the time of the
injury.
In reliance on Martin, the United States Court of Appeals for the Fifth Circuit
issued a per curiam opinion on August 31, 2022, which provides, in pertinent part:
Martin answers our certified question in the affirmative.
Therefore, because Martin confirmed tha t the district
court’s Erie guess in denying Nu Line’s motion for
10/04/22

2

summary judgment was correct, we AFFIRM the district
court and REMAND for further proceedings.

In light of this action, no further consideration by this court is necessary.

DECREE
For the reasons assigned, the certified question filed by the United States
Court of Appeals for the Fifth Circuit is dismissed.