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State Courts -
Louisiana - January 27, 2006
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Garcia v. Furnace & Tube Serv., No. 40,517-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, January 27, 2006, Judgment Rendered
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Overview: Where, after dispute over work quality, employee left his post, followed the former employee to his truck just outside the front gate of the premises, and assaulted him, the employee was acting within the scope of his employment and employer was vicariously liable. Given severity of assault, former employee did not bear fault for use of profanity.
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Henderson v. Homer Mem'l Hosp., No. 40,585-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, January 27, 2006, Judgment Rendered
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Overview: In negligence suit brought against hospital, its insurer, and a town, summary judgment was proper for defendants because survivors failed to show that decedent's fall while he was a hospital patient was cause of his death. Also, res ipsa loquitur did not apply, and survivors failed to show hospital was negligent by not instituting a fall policy.
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