Legal Opinion · Dissent

Romero v. CLARENDON AMERICA INS. CO.

Louisiana Court of Appeal

Decided December 29, 2010No. 10-338Published

1DissentThibodeaux, Chief Judge

_JjThe majority is simply wrong.

The majority quotes La.Civ.Code art. 2320 emphasizing that portion which states that the vicarious responsibility only attaches when the masters might have prevented the act which caused the damage and have not done it. The majority then states: “there is no evidence nor allegation that Stanford ‘might have prevented’ Vid-rine’s intoxication.” The majority also notes that “[t]here is nothing in the record which demonstrates any behavior on the part of Stanford for which Stanford should be penalized as an offending tortfeasor.” The majority further points that…

2Cases cited13 opinions

  1. Ross v. Conoco, Inc.Supreme Court of Louisiana · 2002
  2. Goddard v. Grand Trunk RailwaySupreme Judicial Court of Maine · 1869
  3. Berg v. ZummoSupreme Court of Louisiana · 2001
  4. Sharp v. DaigreSupreme Court of Louisiana · 1990
  5. Creech v. Aetna Cas. & Sur. Co.Louisiana Court of Appeal · 1987

8 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API