HUBBARD v. LAKELAND NURSING HOME

No. 98-1893.

734 So.2d 1280 (1999)

Ruby Nell HUBBARD, Plaintiff-Appellee, v. LAKELAND NURSING HOME, et al., Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

May 19, 1999.


Attorney(s) appearing for the Case

Joseph Texada Dalrymple, Alexandria, for Ruby Nell Hubbard.

Brandon Sues, Alexandria, for Lakeland Nursing Home, et al.

BEFORE: DOUCET, C.J., COOKS, and PICKETT, Judges.


COOKS, Judge.

Lakeland Nursing Home (Lakeland) appeals the trial court's grant of summary judgment imposing vicarious liability on it for the battery committed by one of its employees upon a supervisor. For the following reasons, we reverse the trial court's judgment.

BACKGROUND FACTS AND PROCEDURAL HISTORY

On August 11, 1996, two non-employee male friends were visiting Tanya Carpenter, a nursing assistant, at Lakeland during working hours. Carpenter...

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