Stephen Washington v. Gallo Mechanical

Stephen Washington v. Gallo Mechanical – Gallo Mechanical succeeded in a MSJ in worker’s compensation court that was affirmed by the Louisiana Fourth Circuit Court of Appeal, holding that the altercation between the employees was personal in nature and not employment-rooted; thus, the altercation was outside the scope of the employment. Plaintiff Washington then instituted tort ligation against Gallo Mechanical in 19^th Judicial District Court.  Gallo Mechanical was dismissed via summary judgment on the grounds that the altercation was not employment-rooted and did not satisfy the LeBrane v. Lewis factors, and thus, there can be no intentional tort against the employer.