TERRANCE HARBOR Vs. DAVIE SHORING, INC., ABC INSURANCE COMPANY, ROBERT BARRILLEAUX & ASSOCIATES, INC., CLAY BARRILLEAUX, GHI INSURANCE COMPANY IECI ASSOCIATES, JKL INSURANCE COMPANY, ASSURANT SPECIALTY PROPERTY INSURANCE, AND BALBOA INSURANCE GROUP
Annotate this Case
Download PDF
TERRANCE HARBOR * NO. 2015-CA-0238 VERSUS * COURT OF APPEAL DAVIE SHORING, INC., ABC * FOURTH CIRCUIT INSURANCE COMPANY, ROBERT BARRILLEAUX & * STATE OF LOUISIANA ASSOCIATES, INC., CLAY BARRILLEAUX, GHI * INSURANCE COMPANY IECI ASSOCIATES, JKL * INSURANCE COMPANY, ******* ASSURANT SPECIALTY PROPERTY INSURANCE, AND BALBOA INSURANCE GROUP LOBRANO, J., CONCURS WITH REASONS I respectfully concur. I agree with the majority that summary judgment must be reversed. I write separately as I find that the plaintiff, Terrance Harbor, properly asserted a cause of action in tort against Robert Clay Barrilleaux, individually. La. Civ. Code art. 2315. La. R.S. 12:1174 does not preclude a cause of action for breach of professional duty against an incorporator, subscriber, shareholder, director, officer, employee, or agent of an architectural-engineering corporation. La. R.S. 12:1174(C) specifically provides that “[n]othing in this Chapter shall be construed as in derogation of any rights which any person may have against an incorporator, subscriber, shareholder, director, officer, employee, or agent of the corporation … because of any breach of professional duty, or other negligent or wrongful act, by such person . . . ” Mere status as a shareholder, officer and/or agent of an engineering corporation does not automatically insulate an engineer from liability for his or her own negligence. For this reason, I find that the district court committed legal error in dismissing Terrance Harbor’s claims against Robert Clay Barrilleaux, individually, for breach of professional duty.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
