Employer Immunity

STATUTORY EMPLOYER IMMUNITY AND THE TWO-CONTRACT THEORY IN LOUISIANA: Stonetrust Com. Ins. Co. v. TBT Contracting, Inc., 2023 WL 4067496 (La. App. 2023)

In Louisiana, when a company undertakes to execute any work which is a part of its trade, business or occupation, and contracts with any subcontractor for the execution of such work, the company is entitled to the exclusive remedy protection of § 23:1032. The company will be liable to pay workers’ compensation benefits to any such…

MASSACHUSETTS SUPREME COURT PROTECTS DEALERSHIP FROM VICARIOUS LIABILITY FOR NEGLIGENCE OF CUSTOMER DRIVING COURTESY VEHICLE: Garcia v. Steele, 2023 WL 4188359 (Mass. 2023)

Auto subrogation and car dealerships are no strangers to one another. Car dealerships and their insurers routinely seek to hold vehicle test drivers, customers, and other permissive users liable for physical damage to the dealers’ courtesy and rental vehicles and as well as for damages to third parties resulting from the negligent operation of dealership…