Woolard v. Atkinson’s Empirical Analysis

Citation profile

7 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Liability should not be broadly imposed on an employer for the torts of his employee where the employer is not himself at fault. As a result, employers are only held liable for the physical acts of their employees over whom they have control, as opposed to workers over whose movements an employer has no right to control. Woolard v. Atkinson, [43,322 (La.App. 2 Cir. 7/16/08), 988 So.2d 836 ]; Keen v. Pel State Oil Co. , Inc. , [ 332 So.2d 286 (La.App. 2d Cir.1976), writ denied , 333 So.2d 234 (La.1976).] An employer controls the movements of employees when they are performing duties for the employer and only when this right to control exists may vicarious liability be imposed. When employees are performing functions of their employment, it is as though the employer acts through the employee. The employer receives the benefit of those acts and so he must shoulder the liability for any wrongs committed during the performance of the acts. Woolard v. Atkinson ,[ ]; Keen v. Pel State Oil Co. , Inc. [ ] The general rule is that an employee, in going to and from work, is not considered as acting within the course and scope of his employment so as to render the employer liable to third persons for the employee's negligence. Alford v. State Farm Auto. Ins. Co. , 31,763 (La.App.2d Cir.5/5/99), 734 So.2d 1253 , writs denied, 99-1435, 99-1595 (La.9/3/99), 747 So.2d 544 , 548; Woolard v. Atkinson [.] An exception to this general rule may apply when an employer provides the transportation u”

   1 later decision quote this exact passage
   e.g. 249 So. 3d 114 - Thibodeaux v. GEICO Cas. Co.