Cantrelle v. State Farm General Insurance Co.

618 So. 2d 997, 1993 La. App. LEXIS 1569, 1993 WL 146181
CourtLouisiana Court of Appeal
DecidedApril 23, 1993
DocketNo. 92 CA 0568
StatusPublished
Cited by2 cases

This text of 618 So. 2d 997 (Cantrelle v. State Farm General Insurance Co.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cantrelle v. State Farm General Insurance Co., 618 So. 2d 997, 1993 La. App. LEXIS 1569, 1993 WL 146181 (La. Ct. App. 1993).

Opinion

CARTER, Judge.

This is an appeal from a trial court judgment granting defendants’ motions for summary judgment and dismissing plaintiff’s suit.

FACTS

On or about September 4, 1989, plaintiff, Norma Cantrelle, slipped and fell on a gravel driveway at the residence of her son, Karl A. Cantrelle. Plaintiff’s fall occurred while she was assisting her daughter-in-law unload a roll of carpet from a flatbed trailer,1 which was connected to her son’s pick-up truck. As a result of the fall, plaintiff sustained serious injuries to her right ankle.

On August 81, 1990, plaintiff filed the instant suit for damages naming the following defendants: Karl Cantrelle (“Can-trelle”); Cantrelle’s automobile liability insurer, Dixie Lloyd Insurance Company (“Dixie); Cantrelle’s homeowner’s insurer, State Farm General Insurance Company (“State Farm”); and Cantrelle Fence and Supply’s UM insurer, Allstate Indemnity Company (“Allstate”). By supplemental petition filed July 13, 1991, plaintiff substituted Louisiana Insurance Guaranty Association (“LIGA”) as a defendant for Dixie, which had been placed under receivership/liquidation.

In her original petition, plaintiff alleged that the gravel in the driveway constituted a defect in the premises for which Cantrelle was strictly liable. Plaintiff argued that the gravel was defective because it was loose and not mixed with sand, clay, or other material which would have stabilized it and prevented it from rolling when walked on. Plaintiff also alleged that Can-trelle was negligent in improperly parking his truck, with the attached trailer, in a location which he knew or should have known to be unsafe for egress from the vehicle.

Thereafter, LIGA and Cantrelle filed a motion for summary judgment claiming that Dixie’s policy did not provide coverage for the injuries sustained by plaintiff. Allstate also filed a motion for summary judgment. Defendants argued that the accident did not involve the “use” of the truck and, therefore, neither policy provided coverage. In addition, LIGA and Cantrelle argued that the Dixie Policy specifically excluded coverage for the borrowed trailer.2

The motions and arguments were heard on December 20, 1991. Judgment was rendered granting both motions for summary judgment and dismissing plaintiff’s claims against LIGA, Cantrelle, and Allstate. From this adverse judgment, plaintiff appeals, contending that the trial court erred in granting the motions for summary judgment.3

SUMMARY JUDGMENT

A motion for summary judgment is a procedural device used to avoid a full-scale trial when there is no genuine factual dispute. Ouachita National Bank in Monroe v. Gulf States Land & Development, Inc., 579 So.2d 1115, 1120 (La.App. 2nd Cir.), writ denied, 587 So.2d 695 (La.1991). The motion should be granted only if the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, show that there is no genuine issue as to material fact and that the mover is entitled to judgment as a matter of law. LSA-C.C. art 966; Thompson v. South Central Bell Telephone Company, 411 So.2d 26, 27 (La.1982); Legros v. Norcen Exploration, Inc., 583 So.2d 859, 860 [1000]*1000(La.App. 1st Cir.), writs denied, 588 So.2d 101, 588 So.2d 109 (La.1991).

A fact is material if it is essential to the plaintiffs cause of action under the applicable theory of recovery and without which the plaintiff could not prevail. Material facts are those that potentially insure or preclude recovery, affect the litigant’s ultimate success, or determine the outcome of a legal dispute. Penalber v. Blount, 550 So.2d 577, 583 (La.1989).

The burden is upon the mover for summary judgment to show that no genuine issue of material fact exists, and only when reasonable minds must inevitably conclude that mover is entitled to judgment as a matter of law is summary judgment warranted. Robertson v. Our Lady of Lake Regional Medical Center, 574 So.2d 381, 884 (La.App. 1st Cir.1990), writ denied, 573 So.2d 1136 (La.1991). To satisfy this burden, the mover must meet a strict standard by showing that it is quite clear as to what the truth is, and that it excludes any real doubt as to the existence of material fact. Ouachita National Bank in Monroe v. Gulf States Land & Development, Inc., 579 So.2d at 1120. The court must closely scrutinize the papers supporting the position of the mover, while the papers of the party opposing the motion are to be treated indulgently. Ortego v. Ortego, 425 So.2d 1292, 1297 (La.App. 3rd Cir.1982), writ denied, 429 So.2d 147 (La.1983).

Summary judgments are not favored and should be used cautiously and sparingly, and any reasonable doubt should be resolved against the mover. Penalber v. Blount, 550 So.2d at 583; Hollis v. City of Baton Rouge/Parish of East Baton Rouge, 593 So.2d 388, 389 (La.App. 1st Cir.1991). In determining whether material facts have in fact been disposed of, any doubt is to be resolved against granting the summary judgment and in favor of trial on the merits. Sanders v. Hercules Sheet Metal, Inc., 385 So.2d 772, 775 (La.1980). This is true even if grave doubt exists as to a party’s ability to establish disputed facts at trial. Equipment, Inc. v. Anderson Petroleum, Inc., 471 So.2d 1068, 1070-1071 (La.App. 3rd Cir.1985). Where the trial court is presented with a choice of reasonable inferences to be drawn from the subsidiary facts contained in the affidavits, attached exhibits, and depositions, the reasonable inferences must be viewed in the light most favorable to the party opposing the motion. Jones v. Briley, 593 So.2d 391, 393 (La.App. 1st Cir.1991).

Appellate courts are to review summary judgments de novo under the same criteria that govern the district court’s consideration of whether summary judgment is appropriate. Schroeder v. Board of Supervisors of Louisiana State University, 591 So.2d 342, 345 (La.1991). Because it is the applicable substantive law that determines materiality, whether or not a particular fact in dispute is material can be seen only in light of the substantive law applicable to the case. Sun Belt Constructors, Division of MCC Constructors, Inc. v. T & R Dragline Service, Inc., 527 So.2d 350, 352 (La.App. 5th Cir.1988).

DISMISSAL OF CANTRELLE AND LIGA

With regard to liability coverage, Dixie’s policy provides that it will pay damages for bodily injury or property damage for which any “covered person” becomes legally responsible because of an auto accident. In defining “covered person,” the definition includes “you or any family member for the ownership, maintenance, or use of any auto or trailer.” Thus, Can-trelle’s liability insurance affords coverage for plaintiff’s injury if three conditions are satisfied:

(1) that there is an auto accident;
(2) that Cantrelle is legally responsible for plaintiff’s injury, and
(3) that plaintiff’s injury was due to the “use” of Cantrelle's automobile.

In support of their motions for summary judgment, defendants argued that plaintiff’s accident did not arise out of the “use” of Cantrelle’s vehicle. In order for LIGA and Cantrelle to prevail on summary judgment in the instant case, they must prove that Cantrelle’s automobile liability policy

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Bluebook (online)
618 So. 2d 997, 1993 La. App. LEXIS 1569, 1993 WL 146181, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cantrelle-v-state-farm-general-insurance-co-lactapp-1993.