Lawwly

Miller v. Keating

Louisiana Supreme Court

349 So.2d 265 (1977)

Relevant factsFree

Thomas Miller (plaintiff) was vice-president of Kustom Homes, Inc. (defendant), which held a $25,000 life-insurance policy on him; after Miller and company president Dutriel Keating (defendant) had a falling out and Miller resigned, Kustom (with roughly $125,000 in debt) took out an additional $75,000 in life insurance on him. Two Kustom employees, acting in coordination with Keating, stalked Miller to learn his whereabouts and beat him with a pipe in an attempt to kill him and collect on the life-insurance policies; Miller survived and sued Kustom, Keating, the two employees, and Kustom's insurer, Hartford. A jury held Kustom, Keating, and the two employees jointly liable for $25,500 but found Hartford not liable, and the appeals court affirmed Hartford's non-liability but reversed as to Kustom, holding Kustom was not vicariously liable for the others' acts.

IssueFree

Whether a tort must be committed during an employee's hours of employment for the tort to have been committed within the employee's scope of employment.

Unlock the full brief

Free accounts read 20 full briefs. No card required.

Related cases