SHIELDS v. AMERICAN MOTORISTS INSURANCE COMPANY

Civ. A. No. 6438.

157 F.Supp. 520 (1957)

Joseph C. SHIELDS, Plaintiff, v. AMERICAN MOTORISTS INSURANCE COMPANY, Defendant.

United States District Court E. D. Louisiana, New Orleans Division.

December 13, 1957.


Attorney(s) appearing for the Case

Nicholas Masters, New Orleans, La., for plaintiff.

Hammett & Bertel, H. L. Hammett, New Orleans, La., for defendant.


J. SKELLY WRIGHT, District Judge.

This case presents a novel question: May an employee, having settled, with his employer, his claim in compensation under the Louisiana Workmen's Compensation Act,1 sue his employer's liability carrier in tort for damages under LSA-C.C. Art. 2315? The defendant insurer urges that since the Act makes the remedy thereunder an exclusive one, plaintiff may not maintain this action in tort for damages.

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