FOX v. NU LINE TRANSPORT (2022)

Dismissed. See per curiam.

On June 22, 2022, the United States Court of Appeals for the Fifth Circuit certified the following question to this court:

Under Louisiana law, can plaintiffs, Benjamin and Holly Fox, individually and on behalf of their minor children EF and NF, simultaneously maintain (1) a direct negligence claim against Nu Line for negligent hiring, training, and supervision of its employee Simon Brumfield and (2) a negligence claim against Brumfield for which Nu Line could be held vicariously liable under respondeat superior, (3) after Nu Line has stipulated that Brumfield was in the course and scope of employment when the alleged negligence occurred?

Shortly after the certified question was filed, we rendered our opinion in Martin v. Thomas, 2021-01490 (La. 6/29/22), 346 So. 3d 238. Martin held a plaintiff may pursue both a direct negligence cause of action and a vicarious liability cause of action against an employer even if the employer stipulates that the employee was in the course and scope of employment at the time of the injury.

In reliance on Martin, the United States Court of Appeals for the Fifth Circuit issued a per curiam opinion on August 31, 2022, which provides, in pertinent part:

Martin answers our certified question in the affirmative.

Therefore, because Martin confirmed that the district court's Erie guess in denying Nu Line's motion for summary judgment was correct, we AFFIRM the district court and REMAND for further proceedings.

In light of this action, no further consideration by this court is necessary.

DECREE

For the reasons assigned, the certified question filed by the United States Court of Appeals for the Fifth Circuit is dismissed.