Bazley v. Tortorich
Louisiana Supreme Court
397 So. 2d 475 (1981)
- Written by Kate Luck, JD
Facts
Sidney Bazley (plaintiff), a garbage worker, was struck by a car while climbing onto the back of a garbage truck being driven by Bazley’s coworker (the driver) (defendant). Bazley sued the driver, alleging that the driver’s intentional actions of failing to maintain the garbage truck and the truck’s horn, failing to warn Bazley of danger, and failing to stop in a safe place caused the accident. Under Louisiana’s workers’-compensation statute, tort actions for work-related injuries were not permitted. Rather, an injured worker could only recover damages through the workers’-compensation program. However, the statute provided an exception for intentional torts committed by a coworker. The trial court interpreted Bazley’s claim as one for negligence and determined that the suit was precluded by the workers’-compensation statute. Bazley appealed, and the appellate court reversed, concluding that, to afford due process, the workers’-compensation statute could not preclude an employee from suing another employee for negligence. The driver appealed to the Louisiana Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Dennis, J.)
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