Cited by
Opinions in Louisiana that cite Ducote v. Albert, 521 So. 2d 399.
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Dianne Bates v. Robert C. King
La. Ct. App. 3d Cir. 2005
1 Cir. 9/17/04), -93 (emphasis added), the court explained how Louisiana repudiated the “dual capacity doctrine” as follows: Earlier, in connection with its review of a medical malpractice action, the Louisiana Supreme Court adopted the “dual capacity doctrine.” the court held that under the circumstances set forth in that case, the workers’ compensation statute did not insulate a company doctor from liability based in tort because the doctor functioned simultaneously in two roles, each carrying
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Bates v. King
915 So. 2d 1037
La. Ct. App. 1st Cir. 2005
1 Cir. 9/17/04), -93 (emphasis added), the court explained how Louisiana repudiated the “dual capacity doctrine” as follows: Earlier, in connection with its review of a medical malpractice action, the Louisiana Supreme Court adopted the “dual capacity doctrine.” the court held that under the circumstances set forth in that case, the workers’ compensation statute did not insulate a company doctor from liability based in tort because the doctor functioned simultaneously in two roles, each carrying
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Dianne Bates v. Robert C. King
La. Ct. App. 3d Cir. 2005
3 Cir. 8/21/96), : Apparently, in response to the Ducote [v. Albert, ] decision, the legislature amended La.R.S.
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Bates v. King
899 So. 2d 202
La. Ct. App. 1st Cir. 2005
3 Cir. 8/21/96) , : Apparently, in response to the Ducote [v. Albert, ] decision, the legislature amended La.
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Jewell v. Haire
887 So. 2d 490
La. Ct. App. 1st Cir. 2004
the court held that under *493 the circumstances set forth in that case, the workers' compensation statute did not insulate a company doctor from liability based in tort because the doctor functioned simultaneously in two roles, each carrying a different set of legal obligations.
- Brown v. Connecticut General Life Insurance 793 So. 2d 211 La. Ct. App. 1st Cir. 2001
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Hesse v. Champ Service Line
707 So. 2d 1295
La. Ct. App. 3d Cir. 1998
However, adopted the "dual capacity doctrine."
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Moore v. St. Francis Cabrini Hosp.
679 So. 2d 943
La. Ct. App. 3d Cir. 1996
However, the Louisiana Supreme Court adopted the "dual capacity doctrine"
- Leflore v. Coburn 665 So. 2d 1323 La. Ct. App. 4th Cir. 1995
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Billiot v. BP Oil Co.
645 So. 2d 604
La. 1994
Act 454 of 1989 merely repeated the rule without change while adding a
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Stelly v. Overhead Door Co. of BR
646 So. 2d 905
La. 1994
[this court employed a common law, hybrid form of the dual capacity doctrine to hold a company physician liable for breach of the duty he owed his patient as a medical professional].
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Wright v. State
639 So. 2d 258
La. 1994
A five-judge panel in a three-two decision reversed and granted summary judgment, which was legislatively overruled by La.
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Distinguished
Stelly v. Overhead Door Co.
631 So. 2d 698
La. Ct. App. 3d Cir. 1994
Pursuant to this well recognized concept, there is no reported case in this state where an employee has been allowed recovery under a
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Rivere v. NPC Services, Inc.
625 So. 2d 742
La. Ct. App. 1st Cir. 1993
DUAL CAPACITY It is plaintiffs’ position that even if NPC was the statutory employer of Mr. Riv-ere, NPC is liable under tort law pursuant to the “dual capacity” (La,1988).
- Roberts v. Orpheum Corp. 610 So. 2d 1097 La. Ct. App. 4th Cir. 1992
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Hebert v. ALLIED SIGNAL INC.
577 So. 2d 1117
La. Ct. App. 1st Cir. 1991
applied the dual capacity doctrine and held that though otherwise immune from liability under La.R.S.
- Putzeys v. Schreiber 576 So. 2d 563 La. Ct. App. 4th Cir. 1991
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Seay v. Wilson
569 So. 2d 227
La. Ct. App. 1st Cir. 1990
(J. Lemmon, concurring).
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Criticized
Nunez v. Canik
551 So. 2d 796
La. Ct. App. 4th Cir. 1989
WRIT GRANTED AND MADE PEREMPTORY The “dual-capacity doctrine”
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Deagracias v. Chandler
551 So. 2d 25
La. Ct. App. 4th Cir. 1989
23:1032; and (2) defendant can be sued in its "dual capacity" as employer and manufacturer, (La.
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Fuller v. US Aircraft Ins. Group
530 So. 2d 1282
La. Ct. App. 2d Cir. 1988
5th Cir.1987), aff'd holding that summary judgment is not a proper vehicle for determining a company doctor's status.