Legal Opinion

Wells v. State ex rel. Military Department

Louisiana Court of Appeal

Decided February 3, 1988No. 86-1244PublishedCited by 3 opinions

1Opinion of the Court

FORET, Judge.

This action arises as a result of an automobile accident. Plaintiff, Elma Wells, filed this action against Abrahm Maddox, a member of the Louisiana National Guard, and defendant, State of Louisiana, alleging that the State of Louisiana was vicariously liable for the actions of Abrahm Maddox on the day of the accident. Following trial on the merits, the trial judge stated that he felt that Maddox may have been guilty of negligence; however, he held that in accordance with 28 U.S.C.A. § 2671, members of the national guard, while engaged in training pursuant to 32 U.S.C.A. § 502,…

2Cases cited3 opinions

  1. Savoie v. Fireman's Fund Ins. Co.Supreme Court of Louisiana · 1977
  2. Pinkney v. Cahn Inv. Co.Louisiana Court of Appeal · 1947
  3. Menard v. Military Department, State, Louisiana Army National GuardLouisiana Court of Appeal · 1987

3Cited by3 opinions

  1. Parker v. StateLouisiana Court of Appeal · 2012
  2. Robert W. Webb, Jr. v. First National Bank of RosedaleMississippi Supreme Court · 2004
  3. Wells v. State ex rel. Military DepartmentSupreme Court of Louisiana · 1988

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