 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Lucero v. Burney Gear Company6/21/2000
eath, or loss, regardless of such other person's insolvency, ability to pay, degree of fault, immunity by statute or otherwise, including but not limited to immunity as provided in R.S. 23:1032, or that the other person's identity is not known or reasonably ascertainable.
C. Interruption of prescription against one joint tortfeasor is effective against all joint tortfeasors.
Braswell insists that the principle that gave rise to the holding in Williams was that joint tortfeasors are solidary obligors and that Article 2324(B) now ends such solidarity.
Braswell's view that the former principle for solidarity among joint tortfeasors was the linchpin for Williams is incorrect. As Braswell's own argument further admits, an employer and a tortfeasor cannot be joint tortfeasors because of the employer's immunity under the workers' compensation act. Therefore, the change in the relationship of joint tortfeasors under revised Article 2324 has no application in this case to T&M;and Braswell which were not joint tortfeasors.
Moreover, although not argued by Braswell, we do not view the somewhat broad and unspecific language of the first sentence of Article 2324 as applicable to an employer and a tortfeasor. In the context of the entire article, within the chapter of the Civil Code dealing with offenses and quasi-offenses, the "liability for damages caused by two or more persons" refers to the liability among joint tortfeasors. The employer and tortfeasor's liability relationship, recognized in Williams as solidary, was determined under the general principles governing the relationship of solidary obligors, La. C.C. arts. 1794, et seq., and is not dependent upon whether any act of the employer may have "caused" the damages.
Conclusion
For the foregoing reasons, the trial court's grant of the exception of prescription is hereby reversed, and the case is remanded. Costs of these proceedings are assessed to appellee, Braswell Industries.
REVERSED AND REMANDED.
|