Supreme Court of Louisiana, 1986

Roberts v. State ex rel. Louisiana Health & Human Resources Administration

Roberts v. State ex rel. Louisiana Health & Human Resources Administration
Supreme Court of Louisiana · Decided February 28, 1986 · Dennis
483 So. 2d 608; 1986 La. LEXIS 8119 (Southern Reporter, Second Series)

Roberts v. State ex rel. Louisiana Health & Human Resources Administration

Opinion of the Court

DENNIS, Justice,

dissenting.

I respectfully dissent.

The far reaching control over the day to day details of concessionaires’ operations by the agency makes a holding that the master servant relationship does not exist insupportable; the majority, 404 So.2d 1221, has taken the parties’ economic relationship, never intended as more than a single factor to be considered, and elevated it to the sole criterion in determining if the relationship exists. The jurisprudence does not support that elevation, and in the future the instant decision should be viewed as a deviation.

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