BAUMEISTER v. PLUNKETT

No. 95-C-2270.

673 So.2d 994 (1996)

Amy Elizabeth BAUMEISTER v. Loyce PLUNKETT, Humana, Inc. d/b/a Humana Hospital-Brentwood, and Health Care Indemnity.

Supreme Court of Louisiana.

Rehearing Denied June 28, 1996.


Attorney(s) appearing for the Case

Charles W. Salley, Frank Meredith Walker, Jr., James Alex Mijalis, Lunn, Irion, Johnson, Salley & Carlisle, Shreveport, for Applicant.

Ander Michael Boggs, Michael David Cox, M.D., Bossier City, John S. Stephens, Coushatta, for Respondent.

Thomas Allen Usry, Craig Edmond Frosch, Metairie, for Louisiana Sheriff's Association, Amicus Curiae.

Lawrence S. Kullman, New Orleans, for Louisiana Trial Lawyers Association, Amicus Curiae.


CALOGERO, Chief Justice.*

We granted writs in this case to determine whether the court of appeal correctly held a hospital vicariously liable for the sexual battery committed by one of its supervisors upon a co-employee during working hours on the hospital's premises.

Under the facts of this case and for the reasons set forth below, we reverse. On the relevant uncontroverted facts in the record, we conclude as a matter of law that...

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