Legal Opinion · Dissent

Drummond v. Fakouri

Louisiana Court of Appeal

Decided December 23, 2009No. 2009 CA 1069Published

1DissentWhipple, J.

Li respectfully dissent from the majority’s conclusion that E. Jacob Construction, Inc. was entitled to summary judgment in its favor, dismissing plaintiffs’ claims against it. I believe that a question of fact *118remains as to whether the actions of Mr. Fakouri, as owner of and construction supervisor for E. Jacob Construction, in placing a loaded gun on a china cabinet in his home while his work truck was being serviced, were in the course and scope of his employment with E. Jacob Construction and, thus, could result in E. Jacob Construction being vicariously liable for those actions.

Regarding…

2Cases cited5 opinions

  1. LeBrane v. LewisSupreme Court of Louisiana · 1974
  2. Richard v. HallSupreme Court of Louisiana · 2004
  3. Ermert v. Hartford Ins. Co.Supreme Court of Louisiana · 1990
  4. Ellender v. Neff Rental, Inc.Louisiana Court of Appeal · 2007
  5. Nu-Lite Electrical Wholesalers, LLC v. Alfred Palma Inc.Louisiana Court of Appeal · 2004

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