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SUPREME COURT OF LOUISIANA

No. 95-C-2270

AMY ELIZABETH BAUMEISTER Versus LOYCE PLUNKETT, HUMANA, INC. d/b/a HUMANA HOSPITALBRENTWOOD, AND HEALTH CARE INDEMNITY

ON WRIT OF REVIEW TO THE COURT OF APPEAL, SECOND CIRCUIT, PARISH OF CADDO, STATE OF LOUISIANA

CALOGERO, C.J.* We granted writs in this case to determine whether the court of appeal correctly held a hospital vicariously liable for the sexual battery committed by one of its supervisors upon a coemployee during working hours on the hospital's premises. Under the facts of this case and for the reasons set forth below, we reverse. On the relevant uncontroverted facts in the

record, we conclude as a matter of law that Humana HospitalBrentwood in Shreveport, Louisiana, is not vicariously liable for the acts of its employee, Loyce Plunkett, which occurred on

December 27, 1987. Amy Baumeister, a clinical technician, and Plunkett, the nursing supervisor that night, worked the 3:00 p.m. to 11:00 p.m.

Because of the vacancy created by the resignation of Dennis, J., now a judge on the United States Court of Appeals for the Fifth Circuit, there was no justice designated "not on panel" under Rule IV, Part 2,

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Louisiana Law