Sampay v. Morton Salt Co.

LOTTINGER, Judge.

This is an appeal from a summary judgment rendéred in favor of Morton Salt Company, an employer whose alleged employee had been previously released from the litigation in a personal injury settlement agreement with the plaintiff. Morton claimed that the release of the alleged employee constituted a release of the employer, whose liability under La.C.C. art. 2320 is merely vicarious or secondary. The trial court agreed, and the plaintiff timely brought this appeal.

Plaintiff received serious personal injuries on October 26, 1972, when the van in which he was a guest passenger…