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Quebedeaux v. Dow Chemical Company6/21/2002
Following a fistic encounter between two employees at work, both were terminated by their employer for breaking company policy prohibiting fighting in the workplace. Thereafter, plaintiff filed the present intentional tort suit against the fellow employee with whom he fought and against the employer, alleging the employer is vicariously liable not only for his personal injuries from the fight, but also for lost wages and benefits, and general damages for his termination as a result of the fight. It is undisputed that the employer is vicariously liable for the damages caused by the personal injuries resulting from the fight. What is disputed and the issue that provoked this writ is whether the employer is vicariously liable for any damages arising out of the employee's termination. Finding the employment-at-will doctrine bars recovery of these damages, we reverse the lower courts' damage awards and remand this matter to the court of appeal to reconsider damages in accordance with the views expressed in this opinion.
FACTS AND PROCEDURAL HISTORY
Julice Jude Quebedeaux and John Dandridge were employed by Dow Chemical Company (Dow) as operators in the polyethylene (plastic) extrusion area. On August 28, 1992, while at work, a heated verbal argument ensued between the two men over Mr. Quebedeaux's delay in transferring the processed plastic pellets from one storage unit to another. After numerous profanities were exchanged, Mr. Dandridge walked over to where Mr. Quebedeaux was seated and grabbed him by the neck, causing Mr. Quebedeaux to fall to the floor. As a result, Mr. Quebedeaux allegedly sustained scratches to his neck and injuries to his elbow, hip, and leg. None of Mr. Quebedeaux's injuries necessitated medical attention.
Several days later, Mr. Quebedeaux and Mr. Dandridge presented his version of the facts to an Employee Review Committee, which recommended termination of both employees. After considering the committee's recommendation, Dow terminated Mr. Quebedeaux and Mr. Dandridge for violating its policy prohibiting fighting in the workplace.
Thereafter, Mr. Quebedeaux and his wife, Wendy Quebedeaux, (plaintiffs) filed suit against Mr. Dandridge and Dow. In their petition for damages, plaintiffs sought recovery of the following alleged damages caused by Mr. Dandridge's intentional act: (1) physical pain and suffering; (2) mental anguish resulting from the altercation and subsequent termination; (3) past lost wages; and (4) future lost wages. Plaintiffs also sought damages for Mrs. Quebedeaux's alleged loss of consortium. In their petition, plaintiffs contended Dow is vicariously liable for the damages caused by its employee, Mr. Dandridge, through the legal doctrine of respondeat superior.
After a two day trial, the jury rendered a verdict in favor of plaintiffs, finding that Mr. Dandridge committed a battery upon Mr. Quebedeaux and that Dow was vicariously liable for the intentional tort. The jury awarded Mr. Quebedeaux $48,500 in general damages; $45,000 in past lost earnings and benefits; $50,000 in future lost earnings; and $80,000 in future lost benefits.
The jury further found Mrs. Quebedeaux suffered a loss of consortium and awarded her $15,000 in general damages. The jury attributed 35% of the fault to Mr. Quebedeaux and 65% of the fault to Mr. Dandridge. Accordingly, a judgment was signed awarding Mr. Quebedeaux $145,275 plus interest and costs, and Mrs. Quebedeaux $9,750 plus interest and costs.
Dow appealed the judgment to the First Circuit, which affirmed. See Quebedeaux v. Dow Chemical Co., 00-0465 (La.App. 1st Cir. 05/11/01), 809 So.2d 983. We granted Dow's writ application to address a perceived co
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