Williams v. Aetna Casualty Surety

Full title: SARA B. WILLIAMS, INDIVIDUALLY AND AS NATURAL TUTRIX OF HER MINOR…

Court: Court of Appeal of Louisiana, Second Circuit

Date published: Aug 28, 1978

362 So. 2d 1150 (La. Ct. App. 1978)

Opinion

No. 13599.

August 28, 1978.

APPEAL FROM FOURTH JUDICIAL DISTRICT COURT, PARISH OF OUACHITA, STATE OF LOUISIANA, HONORABLE ROBERT T. FARR, J.

Thompson, Sparks, Cudd Dean by Wood T. Sparks, Monroe, for plaintiff-appellant Sara B. Williams, individually and as natural tutrix for her minor children, Sara Suzanne Williams and Jason Lynn Williams.

Theus, Grisham, Davis Leigh by R. L. Davis, Jr., Monroe, for defendant-third party plaintiff-appellant Aetna Casualty and Surety Co.

Davenport, Files, Kelly Marsh by Thomas W. Davenport, Jr., Monroe, for defendants-third-party defendants-appellees John Carr Burgess and Hartford Accident Indemnity Co.

Gist, Methvin Trimble by Howard B. Gist, Jr., Alexandria, for defendant-third-party defendant-appellee General Motors Corp.

Before PRICE, HALL and JONES, JJ.

HALL, Judge.

In this wrongful death action arising out of an on-the-job accident which happened prior to the effective date of Act 147 of 1976, amending LSA-R.S. 23:1032 and 1101, the district court held the act to be retroactive, sustained a peremptory exception of no right of action and no cause of action, and dismissed the plaintiff's and third-party-plaintiffs' demands against an executive officer of the decedent's employer and the executive officer's liability insurer.

Act 147 of 1976 cannot be applied retroactively so as to bar a cause of action against an executive officer of an employer arising out of an accident which occurred prior to the effective date of the act. Bostick v. International Minerals Chemical Corporation, 360 So.2d 898 (La.App. 2d Cir. 1978); Guillory v. McClinton, 359 So.2d 223 (La.App. 1st Cir. 1978); Wilkinson v. Viccinelli, 359 So.2d 634 (La.App. 1st Cir. 1978); Billedeaux v. Adams, 355 So.2d 1345 (La.App. 3rd Cir. 1978); Green v. Liberty Mutual Insurance Company, 352 So.2d 366 (La.App. 4th Cir. 1977), writ refused 354 So.2d 210 (La. 1978).

The judgment of the district court is reversed; the peremptory exception of no right of action and no cause of action is overruled; the action is remanded to the district court for further proceedings; and the costs of appeal are assessed to appellees, John Carr Burgess and Hartford Accident Indemnity Company.

Reversed and remanded.