Nunez v. Canik

WRIT GRANTED AND MADE PEREMPTORY

The “dual-capacity doctrine” has been consistently rejected by the courts of this state except under the limited circumstances considered by our Supreme Court in Ducote v. Albert, 521 So.2d 399 (La.1988). We respectfully disagree with the holding of our Fourth Circuit brethren in Posey v. Lemoine, 471 So.2d 272 (La.App.1985), and decline to follow same. Accordingly, we find that the motion for summary judgment filed by USF & G as the insurer of plaintiff’s employer, Orrie Canik, d/b/a Ka-jon Food Stores, should be sustained and the trial court erred in…