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| Characteristics | Values |
|---|---|
| Case Title | RODNEY P. CORTEZ v. HOOKER CHEMICAL AND PLASTICS CORPORATION, ET AL |
| Court | Court of Appeal of Louisiana, Fourth Circuit |
| Date | July 8, 1981 |
| Judgement | The judgement of the trial court dismissing the plaintiff's suit against the defendants was affirmed. |
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What You'll Learn
Rodney P. Cortez v. Hooker Chemical and Plastics Corporation
On July 8, 1981, the Court of Appeal of Louisiana, Fourth Circuit, heard the case of Rodney P. Cortez v. Hooker Chemical and Plastics Corporation. Cortez, a former employee of Hooker Chemical and Plastics Corporation, sued the company and several executive officers and/or supervisory employees, Robert Hall, George Haas, Clyde Hill, and Shirley Zeringue, for personal injuries sustained while fighting a fire at the company's Taft plant on September 6, 1977. Cortez alleged that he hurt his back and blamed the incident on the faulty design, manufacture, and maintenance of the building and its equipment.
Cortez's original petition was dismissed by the trial court on February 20, 1979, which maintained the exception of no right of action and granted 20 days to cure the defects or have the suit dismissed. Cortez filed an amended petition, but the court again found no compliance with its prior order and dismissed the suit. The court concluded that Cortez had failed to allege any facts relative to intentional tort, which was the basis for the exception of no cause of action.
The case set a precedent for the rejection of the "should have known..." test, as outlined in the Bazley standard. This standard states that if a reasonable person in the defendant's position would believe that a particular result was substantially certain to follow, they can be dealt with as though they intended it. This case also established that accepting deficiently designed machinery and disregarding OSHA standards did not meet the intentional tort exception.
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Plaintiff's petition
In the case of Cortez v. Hooker Chemical and Plastics, the plaintiff's petition was not deemed to meet the standards set out by the court. The defendants filed an exception of no right of action and an exception of no cause of action, based on the exclusionary principle outlined in LSA-R.S. 23:1032.
The trial court initially overruled and dismissed the exception of no cause of action, while maintaining the exception of no right of action, and granted the plaintiff 20 days to address the issues or face dismissal. The plaintiff filed an amended petition, but the court found that the plaintiff had not complied with its prior order and dismissed the suit.
The court examined the amended petition and found that the plaintiff had not alleged any facts relative to an intentional tort exception. The plaintiff's petition was not in line with the standards set out in the case of Bazley v. Tortorich, which defined "intentional act" as the same as "intentional tort" in reference to civil liability. As such, the plaintiff's suit was dismissed by the trial court.
The plaintiff's petition in this case highlights the importance of meeting the legal standards and principles set out by the courts. The failure to do so resulted in the dismissal of the plaintiff's suit, demonstrating the consequences of not adequately addressing the exceptions raised by the defendants.
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Exception of no right of action
In the case of Rodney P. Cortez v. Hooker Chemical and Plastics Corporation, the plaintiff alleged that the defendants had intentionally ordered and accepted deficiently designed, manufactured, and installed roofing on the building. Cortez further accused the defendants of wilfully disregarding the provisions of the Occupational Safety and Health Act (OSHA), particularly those related to fire extinguishers and hazardous materials.
In response to the plaintiff's petition, the defendants filed an exception of no right of action and an exception of no cause of action. Both these exceptions were based on the exclusionary principle outlined in LSA-R.S. 23:1032. The trial court, in a judgment dated February 20, 1979, dismissed the exception of no cause of action but maintained the exception of no right of action. The plaintiff was given 20 days to address the issues or face dismissal.
Cortez filed an amended petition, but the court found that there was still no compliance with its prior order. As a result, the plaintiff's suit against these defendants was dismissed. The court acknowledged that it should have maintained the exception of no cause of action instead of the exception of no right of action. However, upon examining the amended petition, the court concluded that the plaintiff had not alleged any facts relative to an intentional act.
The facts presented by the petitioner in this case did not meet the principles set forth in Bazley v. Tortorich, where the Supreme Court of Louisiana concluded that "intentional act" was equivalent to "intentional tort" regarding civil liability. As a result, the judgment of the trial court dismissing the plaintiff's suit against the defendants was affirmed.
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Exception of no cause of action
In the case of Cortez v. Hooker Chemical and Plastics, the defendants filed an exception of no cause of action based on the exclusionary principle set out in LSA-R.S. 23:1032. The trial court initially overruled and dismissed this exception, but later stated that it should have been maintained, as the plaintiff had failed to allege any facts relative to an intentional tort.
An exception of no cause of action is a type of legal defence that can be raised by a defendant in response to a plaintiff's petition or claim. It essentially argues that even if all the facts alleged by the plaintiff are true, they do not constitute a valid legal claim against the defendant. In other words, the plaintiff has failed to establish a cause of action that entitles them to relief or damages.
In the context of the Cortez case, the exception of no cause of action was based on the exclusionary principle set out in LSA-R.S. 23:1032, which likely relates to a specific statute or legal provision. The court's decision to maintain the exception suggests that it agreed with the defendants' argument that the plaintiff had not established a valid cause of action, despite having the opportunity to amend their petition.
The concept of "no cause of action" is distinct from "no right of action", which relates more to the plaintiff's capacity to bring a lawsuit and their legal standing. In the Cortez case, the trial court initially maintained the exception of no right of action, granting the plaintiff time to cure the defects in their petition. However, upon examination of the amended petition, the court found that the plaintiff had still failed to allege sufficient facts to establish an intentional tort.
It is important to note that the specific laws and principles discussed in the Cortez case may vary depending on the jurisdiction and the specific facts of the case. The case law and legal principles referenced in the sources provided relate primarily to Louisiana law and the decisions of the Louisiana courts.
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Intentional tort exception
In the case of Rodney P. Cortez v. Hooker Chemical and Plastics Corporation, the plaintiff's petition was dismissed by the Court of Appeal of Louisiana, Fourth Circuit. The intentional tort exception was referenced in the summary of this case from Brown v. Barriere Construction Co. It was stated that accepting deficiently designed machinery and disregarding OSHA standards did not meet the intentional tort exception.
The intentional tort exception is a concept in Workers' Compensation Law that allows an employee to sue their employer for damages in addition to the benefits provided in a Workers' Compensation claim. This exception applies when an employee can prove by clear and convincing evidence that their employer deliberately intended to injure them or engaged in conduct that the employer knew was "virtually certain" to result in injury or death. The standard of “virtually certain" was set in Turner v. PCR, Inc., which replaced the previous standard of "substantially certain".
To prove an intentional tort, it must be established that the employer knew or should have known the result of their actions, and that the harm was not simply a desired consequence but also a substantially certain consequence. This interpretation of "intentional" is in line with the view expressed in W. Prosser, The Law of Torts, which states that intent must extend beyond desired consequences to those that the actor believes are substantially certain to follow from their actions.
The intentional tort exception is an extraordinarily high standard to meet, as demonstrated by the case of R.L. Haines Construction, LLC. v. Eva Santamaria, where an employee died from injuries sustained by a 2000-pound steel column. The decedent's wife filed a wrongful death action using the intentional tort exception, arguing that the employer had instructed employees to begin setting the steel columns before the epoxy adhesive had fully dried. The trial court ruled in her favour, but the decision was reversed on appeal due to a lack of prior similar accidents and expert testimony to reasonably infer that the column would fall and cause injury or death.
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Frequently asked questions
RODNEY P. CORTEZ V. HOOKER CHEMICAL AND PLASTICS CORPORATION, ET AL.
Court of Appeal of Louisiana, Fourth Circuit.
The plaintiff's suit against the defendants was dismissed.
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