Grubb v. Employers Mutual Liability Insurance

H. CHARLES GAUDIN, Judge Pro Tem.

This is an appeal from a judgment dismissing an executive officer as a party defendant from a Civil Code Article 2315 tort action instituted by an injured corporate employee. The Trial Judge maintained an exception of no cause of action.

The appellant-plaintiff, Jerry E. Grubb, was ascending a stairway when one of the steps allegedly collapsed under him, causing a fall.

We hold that in his original petition and in subsequent amended pleadings, Grubb did plead a cause against the executive officer, Frank B. Clayton, and that he (Clayton) should remain in this…