Narcise v. Illinois Cent. Gulf R. Co.

• Decision Date: 23 February 1983
• Docket Number: No. 82-CC-1245,82-CC-1245
• Parties: Clarence NARCISE v. ILLINOIS CENTRAL GULF RAILROAD CO., Pullman Incorporated, et al.
• Court: Louisiana Supreme Court

Page 1192

427 So.2d 1192

Clarence NARCISE v. ILLINOIS CENTRAL GULF RAILROAD CO., Pullman Incorporated, et al.

No. 82-CC-1245.

Supreme Court of Louisiana.

Feb. 23, 1983.

David M. Cambre, Dillon & Cambre, New Orleans, for third party plaintiff-appellant.

Thomas J. Wyllie, Edward D. Markle, Adams & Reese, John J. Weigel, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, Robert N. Ryan, Bienvenu, Foster, Ryan & O'Bannon, New Orleans, for third party defendant appellee.

LEMMON, Justice.

This case is before the court on certification from the United States Court of Appeals, Fifth Circuit, for resolution of certain issues relating to solidary liability under state law.

I.

The facts of the case, as stated by the certifying court, are as follows:

"Plaintiff, Clarence Narcise, filed suit against Illinois Central Gulf Railroad (hereinafter referred to as 'ICG') under the provisions of the Federal Employer's Liability Act (FELA), 45 U.S.C. § 51 et seq., and the Federal Safety Appliance Act (FSAA), 45 U.S.C. § 1 et seq., seeking damages for injuries he received while working within the course and scope of his employment with the railroad. At the time of the accident, Mr. Narcise had positioned himself between two railroad cars in an attempt to facilitate the coupling of said cars. ICG contends that, while Mr. Narcise was in this position, the knuckle of a railroad car coupling assembly suddenly sprang open, forcibly striking him in the abdomen.

"ICG filed an answer generally denying the plaintiff's allegations and pleading contributory negligence on the part of plaintiff and alternatively filed a third-party complaint and amending third-party complaints against A.O. Smith Corporation, Standard Pullman, Inc. and Trailer Train Company, Inc. for indemnification or, in the alternative, contribution. It was alleged in the third-party demands that Pullman, Inc. had manufactured the cars which were subsequently owned or leased by Trailer Train, Inc. ICG also alleged that A.O. Smith Corporation had manufactured a hydrabuff cushioning device which had been installed behind the car's coupling device.

"ICG based its demands on allegations that the defendants negligently designed their respective products and breached their implied warranties to the users of said cars. ICG also alleged that Trailer Train was negligent in maintaining the railroad cars in question. These alleged acts of omission or commission allegedly caused or contributed to causing injuries to Mr. Narcise.

"Plaintiff's main demand was severed by the lower court and was tried to a conclusion. The jury found that ICG was negligent under the FELA, had violated FSAA, was negligent in a manner that proximately caused or contributed to causing Narcise's injuries and that Narcise was not negligent.... The jury awarded Narcise damages in the amount of $175,000.00."

After the judgment on the main demand, the third party defendants filed a motion to dismiss the pending third party demands of ICG for failure to state a claim upon which relief could be granted. The district court granted the motions, holding that contribution is allowed only between debtors who are bound in solido. The court relied on Phillips v. Houston Fire & Casualty Insurance Company, 219 F.Supp. 420 (W.D.La.1963), which held that there is no obligation in solido between an employer railroad sued under FELA and a third party tortfeasor sued under Louisiana tort law.

ICG appealed the dismissal of its third party demands. On appeal, the parties agreed that ICG's right to recover indemnity or contribution from third party defendants is to be determined under state law. See Ft. Worth & Denver Ry. Co. v. Threadgill, 228 F.2d 307, 312 (5th Cir.1955). Finding no state appellate decisions which have decided whether there is in solido liability between the railroad under FELA and a third party tortfeasor, or whether there can be an action for contribution or indemnity if there is no in solido liability, the Fifth Circuit certified the issue to this court. ¹

II.

La.C.C. Art. 2091 defines an obligation in solido as follows:

"There is an obligation in solido on the part of the debtors, when they are all obliged to the same thing, so that each may be compelled for the whole, and when the payment which is made by one of them, exonerates the others toward the creditor."

The coextensive obligations for the "same thing" create the solidarity of the obligations. When it is not clear that the parties are all obliged to the same thing (as in the case of an agreement by several parties to repay a loan), then an obligation in solido is not presumed and must be expressly stipulated. La.C.C. Art. 2093. However, when it is entirely clear that the parties are all obliged to the same thing (as when the law requires each of two or more parties to pay tort damages concurrently caused by each party), then there is an obligation in solido by definition, as a matter of law, and there is no need to presume solidarity. ² The presumption against solidarity is only designed to be of assistance when it is necessary to determine whether an obligation is joint or solidary.

Thus, an employer and an employee are solidarily liable for damages caused by the employee's negligence, although the employee's liability is based on his act or omission (Article 2315) and the employer's secondary and derivative liability is imposed by law on the basis of the relationship (Article 2320). While no statute or codal article stipulates solidary liability between the employer and the employee, the obligation is solidary as a matter of law. Both are obliged to the same thing (to repair the damage caused by the employee), neither is entitled to the benefit of division, and either may be compelled for the whole, so that payment by one exonerates the other toward the creditor. Foster v. Hampton, 381 So.2d 789 (La.1980); Sampay v. Morton Salt Co., 395 So.2d 326 (La.1981).

In the Hoefly case (cited in footnote 2), this court recently held that a timely suit against the tortfeasor interrupted prescription against the subsequently joined uninsured motorist carrier of the claimant, because the two defendants were solidary obligors. We held:

"An obligation is solidary among debtors when they are obliged to the same thing, so that each may be compelled for the whole, and when payment by one exonerates the other toward the creditor. When these characteristics result from provisions of law, as in the case of the obligation of the tortfeasor and uninsured motorist carrier, an obligation in solido exists without requiring an express declaration. Consequently, the plaintiff's timely and properly filed suit against the tortfeasors interrupted prescription as to his uninsured motorist carrier." 418 So.2d at 576.

Conceding this court's finding of in solido obligations in the foregoing cases, third party defendants in the present case point out that FELA and Louisiana tort law not only arise from different systems of law, but also have different standards of liability, different defenses, different prescriptive periods, different classes of beneficiaries in cases of wrongful death, and different elements of damages. They therefore argue that they and ICG cannot reasonably be characterized as liable for or obliged to "the same thing".

The fact that ICG is liable under the provisions of FELA and third party defendants may be liable under general tort law does not preclude an in solido obligation to the extent that each is liable for certain damages sustained by plaintiff. Article 2092 specifically provides that an "obligation may be in solido, although one of the debtors be obliged differently from the other to the payment of one and the same thing". It is the coextensiveness of the obligations for the same debt, and not the source of liability, that determines the solidarity of the obligation. Both ICG and third party defendants (according to the third party demand) are coextensively liable for certain damages sustained by plaintiff and may therefore be liable in solido.

The fact of different defenses, different prescriptive periods, different beneficiaries in some cases, and different elements of damages does not detract from the...