1. Where an action for compensation is brought against any of the carrier's subordinates, he may invoke the limitation of liability set forth in Article (359) where it is proved that the act which has caused the damage was committed by him during the performance of his duties. 2. However, no subordinate of the carrier may invoke the limitation of liability where it is proved that the damage is caused by an act or omission by him, whether with intent to cause damage or with imprudence coupled with awareness that damage is likely to arise out.
Interpretation and application must be checked against the official text and current version.