Bellard v. ATK Constr., LLC, 2022-01715 (La. 6/27/23): Tort Indemnity is a Bygone Era in Recent Louisiana Supreme Court Ruling
Authors: Christopher K. LeMieux and Trey Talley
The Louisiana Supreme Court recently held that a suit alleging liability of a defendant arising solely as a result of its own negligence or fault cannot support the defendant’s claim for tort indemnity.
In Bellard v. ATK Constr., LLC, the Plaintiff was injured on a construction site and filed suit against the contractor, R.S. Bernard and Associates, Inc. (“Bernard”), among other entities, alleging that the Plaintiff’s injuries resulted from the fault and negligence of Bernard. In turn, Bernard filed suit against the wood manufacturer, Doug Ashy Building Materials, Inc. (“Doug Ashy”), for tort indemnity, alleging that the wood framing that Doug Ashy provided was defective and caused the Plaintiff’s injuries. Doug Ashy filed an Exception of Prematurity, Prescription, No Cause and No Right of Action.
The trial court granted Doug Ashy’s Exception of Prematurity and Prescription, and the court of appeal reversed, permitting Bernard to bring its tort indemnity claim. On review, the Louisiana Supreme Court questioned whether the facts alleged in the petition could ever support a third-party claim for tort indemnity, and ultimately concluded that they could not.
Specifically, the Louisiana Supreme Court reasoned that in light of Louisiana’s tort theory of comparative fault, each party is only liable for its own share of fault, regardless of which alleged tortfeasors are a party to the lawsuit. Therefore, because a defendant can only be liable for its own share of comparative fault under La. Civ. Code art. 2324(B), it cannot be cast in judgment for the fault of any other party or nonparty. The Court concluded that “a suit alleging liability of a defendant arising solely as a result of its own fault cannot support a defendant’s claim for tort indemnity.”
Ultimately, the Supreme Court remanded to the trial court to reconsider Doug Ashy’s Exceptions of No Cause and No Right of Action.
This ruling is important, as it clarifies that in Louisiana, there is effectively no longer a claim for tort indemnity. In light of the Louisiana principles of comparative fault, a defendant can never be held liable for the negligence of another party.
