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 19th 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.

2019-01-08T14:28:21+00:00Uncategorized|