VILLA V. DEROUEN 614 So.2d 714 (La.App.3d Cir. 1993) CASE BRIEF

VILLA V. DEROUEN

614 So.2d 714 (La.App.3d Cir. 1993)

NATURE OF THE CASE: Villa (P) appealed from a judgment which held that Derouen (D), a co-employee and his homeowner insurer, were not liable for second-degree burns that P sustained when D intentionally discharged his welding cutting torch near the P's legs.

FACTS: Intending only horseplay, D pointed a welding cutting torch in P's direction and intentionally releasing oxygen or acetylene gas and caused unintentional harm to P, i.e., second degree burns to Ps groin area. Under cross-examination, D responded affirmatively when asked if he placed the torch between P's legs and also responded affirmatively when asked if he intended to spray P between the legs with oxygen when he placed the torch between P's legs. Other witnesses testified that D admitted he was playing around with the cutting torch and 'goosing' or trying to scare P at the time of the accident. The jury found that D did not commit an intentional tort against P. This finding foreclosed P from recovery in this action insofar as P is limited to worker's compensation unless it was found that D committed an intentional tort which caused P's injuries. P appealed: the jury erred in finding that D did not commit an intentional tort.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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