Cited by

Opinions in Louisiana that cite Baumeister v. Plunkett, 673 So. 2d 994.

133 citing documents.

J.L., Individually, and Together With R.P., on Behalf of the Minor Child, R.P. v. Charnell Haymond, University Medical … La. Ct. App. 4th Cir. 2025
5/21/96), ) (citations omitted).
2-Long, LLC and Composite Architectural Design Systems, LLC v. Barney Arceneaux La. Ct. App. 1st Cir. 2024
5/ 21/ 96), ( noting that an employer is liable for a tort committed by his employee if, at the time, the employee was acting within the course and scope of his employment, but pointing out the tortious conduct of the employee must be so closely connected in time, place, and causation to his employment duties as to be regard
Anastassia Trombettas v. Angela Cox Williams, Amanda Desormeaux, and Donna Nevels La. Ct. App. 1st Cir. 2023
5121.196), - 97 ( relying on Lebrane v. Lewis, 292 So.
Dale Hartley v. University of Holy Cross La. Ct. App. 4th Cir. 2023
Eugene Latour, II v. Emanee Q. Brock, Et Al. La. 2023
5/21/96), we summarized the law relating to vicarious liability as follows: The law in this area is clear that an employer is liable for a tort committed by his employee if, at the time, the employee was acting within the course and scope of his employment.
Gregory Jones, Jr. v. the Boot Bar & Grill, C. Napco, Inc., Craig Napoli, Nancy Napoli, Aline Napoli, … La. Ct. App. 4th Cir. 2022
5/21/96), 5 Louisiana Civil Code Article 2320 provides, in pertinent part, that “[m]asters and employers are answerable for the damage occasioned by their servants and overseers, in the exercise of the functions in which they are employed.” 23 Orgeron on Behalf of Orgeron
Marion Felps v. Landmark Event Staffing Services, Inc., Redwood Fire and Casualty Insurance Company and John H. Williams La. Ct. App. 1st Cir. 2022
Murphy J. Painter, Sr. v. Dustin Clouatre, Hughes Insurance Services, LLC, Pelican Post News, L.L.C., Wade Petite, Ricky … La. Ct. App. 1st Cir. 2022
Pamela Parquet, as Curatrix for Derron Micah Parquet Versus Louisiana Homecare of Lutcher, L.L.C. and Eddie Hebert La. Ct. App. 5th Cir. 2022
Stonetrust Commercial Insurance Company v. Wayne Dennis Stevenson La. Ct. App. 1st Cir. 2022
Brian Mullen v. State Farm Mutual Auto. Ins Co. La. Ct. App. 3d Cir. 2021
Walter W. Price and Mysterie Price, Individually and on Behalf of the Minor Child F.P. v. Darryl North, … La. Ct. App. 1st Cir. 2021
Robert James Lee Guidry v. Worknet 2000, Inc. La. Ct. App. 3d Cir. 2021
Timothy D. Koehl Versus Rli Insurance Company La. Ct. App. 5th Cir. 2021
5/21/96), ); see also Knowles v. State Farm Mut.
Cynthia Walker v. Dollar Tree Stores, Inc., Safety National Casualty Corporation, and Joseph Rashaun Wimberly La. Ct. App. 2d Cir. 2021
5/21/96), and Guillaume v. Brookshire Grocery Co., 50,745 (La.
Marco Buckley, as the Representative of the Minor J.B. v. Tangipahoa Parish School System La. Ct. App. 1st Cir. 2021
John Doe and Jane Doe Individually and on behalf of their minor child, Johnny Doe v. ABC School, … La. Ct. App. 1st Cir. 2020
Stanley R. Palowsky, III v. W. Brandon Cork, Anthony White, OHC Services, L.L.C. and Alternative Environmental Solutions, Inc. La. Ct. App. 1st Cir. 2020
Wade Conner v. Klarc Lemelle La. Ct. App. 3d Cir. 2020
Boudreaux v. Papa Bear's Pizza, LLC 220 So. 3d 84 La. Ct. App. 1st Cir. 2017
5/21/96), ; Carr, 189 So.3d at 454 .
Lemmon v. de la Mora 215 So. 3d 264 La. Ct. App. 1st Cir. 2017
Loya v. Lucas 201 So. 3d 928 La. Ct. App. 1st Cir. 2016
Robinson v. Ky Quang Nguyen 201 So. 3d 922 La. Ct. App. 1st Cir. 2016
5/21/96), ; Orgeron on Behalf of Orgeron v. McDonald, 93-1353 (La.
Garcia v. Lewis 197 So. 3d 738 La. Ct. App. 2d Cir. 2016
art. 2320; Baumeister v. Plunkett, 95-2270 (La.5/21/96), ; Eichelberger v. Sidney, 34,040 (La.App.
Carr v. Sanderson Farm, Inc. 189 So. 3d 450 La. Ct. App. 1st Cir. 2016
Baumeister v. Plunkett, 95-2270 (La.5/21/96), .
Collins v. Home Depot, U.S.A., Inc. 182 So. 3d 324 La. Ct. App. 1st Cir. 2015
Baumeister v. Plunkett, 95-2270 (La.5/21/96), .
Patricia Parker v. Town of Woodworth La. Ct. App. 3d Cir. 2015
Russell v. Noullet, 98-0816 (La.12/1/98), Baumeister v. Plunkett, 95-2270 (La.5/21/96)
Parker v. Town of Woodworth 160 So. 3d 1113 La. Ct. App. 1st Cir. 2015
Russell v. Noullet, 98-0816 (La.12/1/98), ; Baumeister v. Plunkett, 95-2270 (La.5/21/96), .
Bova v. Butler 168 So. 3d 551 La. Ct. App. 1st Cir. 2014
Id.; Baumeister v. Plunkett, 95-2270, p. 3 (La.5/21/96), .
Webb v. Webb 165 So. 3d 157 La. Ct. App. 1st Cir. 2014
Baumeister v. Plunkett, 95-2270 (La.5/21/96), .
Black v. Johnson 137 So. 3d 170 La. Ct. App. 1st Cir. 2014
Baumeister v. Plunkett, 95-2270 (La.5/21/96), .
Portillo v. Progressive Paloverde Insurance Co. 138 So. 3d 696 La. Ct. App. 1st Cir. 2014
Orgeron, supra at 227 ; Baumeister v. Plunkett, 95-2270 (La.5/21/96), .
Derek Lemaire v. David Richard La. Ct. App. 3d Cir. 2013
5/21/96), see also Ermert v. Hartford Ins.
Lemaire v. Richard 125 So. 3d 558 La. Ct. App. 1st Cir. 2013
LAW AND ANALYSIS A trial court’s determination that an act is or is not “within the course and scope of employment for purposes of vicarious liability is a factual finding governed by the manifest error rule.” Baumeister v. Plunkett, 95-2270, p. 7 (La.5/21/96), ; see also Ermert v. Hartford Ins.
Honor v. Tangipahoa Parish School Board 136 So. 3d 31 La. Ct. App. 1st Cir. 2013
Baumeister v. Plunkett, 95-2270, p. 5 (La.5/21/96), , |7997.
Holt v. Torino 117 So. 3d 182 La. Ct. App. 1st Cir. 2013
Id.; Baumeister v. Plunkett, 95-2270 (La.5/21/96), .
Kenneth Dale Kelly, Et Ux. v. Boise Building Solutions La. Ct. App. 3d Cir. 2012
5/21/96), -97, the supreme court stated: [T]his Court has held that in order for an employer to be vicariously liable for the tortious acts of its employee the “tortious conduct of the [employee must be] so closely connected in time, place, and causation to his employment duties as to be regarded a
Kelly v. Boise Building Solutions 92 So. 3d 965 La. Ct. App. 1st Cir. 2012
In Baumeister v. Plunkett, 95-2270, pp. 3-4 (La.5/21/96), -97 , the supreme court stated: [T]his Court has held that in order for an employer to be vicariously liable for the tortious acts of its employee the “tortious conduct of the [employee must be] so closely connected in time, place, and causation to his employment duties as to be regarded as a risk of harm fairly a
Porter v. Fulkerson 93 So. 3d 642 La. Ct. App. 1st Cir. 2012
The law in this area is clear that an employer is liable for a tort committed by his employee if, at the time, the employee was acting within the course and scope of his employment., Baumeister v. Plunkett, 95-2270 (La.5/21/96), .
Buford v. Williams 88 So. 3d 540 La. Ct. App. 1st Cir. 2012
For contrasting determinations that were fact-dependent, see Baumeister v. Plunkett, 95-2270 (La.5/21/96), (hospital held not liable for sexual assault by one employee on another employee), (La.
Migliore v. Gill 81 So. 3d 900 La. Ct. App. 1st Cir. 2011
Baumeister v. Plunkett, 95-2270 (La.5/21/96), .
Masanz v. Premier Nissan, L.L.C. 81 So. 3d 169 La. Ct. App. 1st Cir. 2011
In Baumeister v. Plunkett, 95-2270 (La.5/21/96), , the Louisiana Supreme Court noted that ...
Nakia Edmond v. Pathfinder Energy Services, Inc. La. Ct. App. 3d Cir. 2011
5/12/96), wherein a nurse was sexually assaulted by a supervisor in a break room while both were on the employer’s time clock.
Cote v. City of Shreveport 73 So. 3d 435 La. Ct. App. 2d Cir. 2011
art. 2320; Baumeister v. Plunkett, 95-2270 (La.05/21/96), ; Garcia v. Furnace and Tube Service, Inc., 40,517 (La.App.2d Cir.01/27/06), .
Irwin v. Rubens 75 So. 3d 952 La. Ct. App. 1st Cir. 2011
In Baumeister v. Plunkett, 95-2270 (La.5/21/96), , the Louisiana Supreme Court stated: The law in this area is clear that an employer is liable for a tort committed by his employee if, at the time, the employee was acting within the course and scope of his employment.
Heacock v. Cook 60 So. 3d 624 La. Ct. App. 2d Cir. 2010
Instead, Palmetto submits that the more recent decision in Baumeister v. Plunkett, 1995-2270 (La.05/21/96), should be considered.
Booth v. Orleans Parish School Board 49 So. 3d 919 La. Ct. App. 1st Cir. 2010
Baumeister v. Plunkett, 95-2270 (La.1996), .
Jane Doe v. Scott M. Hawkins La. Ct. App. 3d Cir. 2010
5/21/96), Cager v. Williams, 03-212 (La.App.
Doe v. Hawkins 42 So. 3d 1000 La. Ct. App. 1st Cir. 2010
In addition to LeBrane, , the fountainhead case on vicarious liability, the cases of Russell v. Noullet, 98-0816 (La.12/1/98), ; Baumeister v. Plunkett, 95-2270 (La.5/21/96), ; Cager v. Williams, 03-0212 (La.App.
Johnson v. Littleton 37 So. 3d 542 La. Ct. App. 2d Cir. 2010
art. 2320; Baumeister v. Plunkett, 1995-2270 (La.05/21/96), ; Garcia v. Furnace and Tube Service, Inc., 40,517 (La.App.2d Cir.01/27/06), .