In Allen v. Payne & Keller Company, Inc., 96-2326 (La. App. 1st Cir. 4/8/98), 710 So. 2d 1138, writ denied, 98-1821 (La. 10/16/98), 726 So. 2d 908, Mr. Allen, an employee of Payne & Keller, had an implant in his brain to control chronic back pain. A fellow employee walked by Mr. Allen while he was bending over, purposely hit him with his knee in the buttocks, causing him to fall forward, hit his head and injure himself.
Mr. Allen filed suit, alleging that his employer was vicariously liable for the tortious act of his co-employee. After trial on the merits, the jury found in favor of the employer and the case was dismissed.
Mr. Allen appealed, and this appellate court affirmed the trial court, finding that the "bumping" was not linked to, or caused by, the employment duties.