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Keywords

negligenceliabilitywillvicarious liability
negligenceliabilitywillvicarious liability

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Roberts v. State, Through Louisiana Health and Human Resources Administration, 404 So.2d 1221

Facts

William C. Roberts instituted this action against the State of Louisiana after sustaining injuries from an accident involving Michael Burson, the blind operator of a concession stand in the lobby of a post office. On September 1, 1977, Burson, who was not using a cane, bumped into Roberts while walking through the lobby, resulting in Roberts falling and fracturing his hip. Roberts claimed that Burson was acting within the scope of his employment with the State and that the State was negligent for failing to train Burson adequately.

William C. Roberts instituted this action against the State of Louisiana after sustaining injuries from an accident involving Michael Burson, the blind operator of a concession stand in the lobby of a post office. On September 1, 1977, Burson, who was not using a cane, bumped into Roberts while walking through the lobby, resulting in Roberts falling and fracturing his hip. Roberts claimed that Burson was acting within the scope of his employment with the State and that the State was negligent for failing to train Burson adequately.

Issue

The main legal issues were whether the State was the employer of Burson, making it vicariously liable for his alleged negligence, and whether the State committed an independent act of negligence.

The main legal issues were whether the State was the employer of Burson, making it vicariously liable for his alleged negligence, and whether the State committed an independent act of negligence.

Rule

To establish vicarious liability under La.Civ.Code art. 2320, there must be proof of an employer-employee relationship, which requires the employer's right to control the employee's work.

To establish vicarious liability under La.Civ.Code art. 2320, there must be proof of an employer-employee relationship, which requires the employer's right to control the employee's work.

Analysis

The court analyzed the relationship between the State and Burson, concluding that Burson was not an employee of the State. Although Burson operated the concession stand using State-owned facilities and received some supervision, he operated under a license and retained all profits from the stand. The court emphasized that the State's role was more of a counselor rather than an employer, as Burson was working for himself and not for the State.

The court analyzed the relationship between the State and Burson, concluding that Burson was not an employee of the State. Although Burson operated the concession stand using State-owned facilities and received some supervision, he operated under a license and retained all profits from the stand. The court emphasized that the State's role was more of a counselor rather than an employer, as Burson was working for himself and not for the State.

Conclusion

The court affirmed the judgment of the lower courts, concluding that the State was not vicariously liable for Burson's actions and found no merit in the claim of independent negligence.

The court affirmed the judgment of the lower courts, concluding that the State was not vicariously liable for Burson's actions and found no merit in the claim of independent negligence.

Who won?

The State prevailed in the case because the court determined that there was no employer-employee relationship between the State and Burson, thus negating vicarious liability.

The State prevailed in the case because the court determined that there was no employer-employee relationship between the State and Burson, thus negating vicarious liability.

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