Hayden v. Spencer

894 So. 2d 551, 4 La.App. 3 Cir. 1140, 2005 La. App. LEXIS 155, 2005 WL 233774
CourtLouisiana Court of Appeal
DecidedFebruary 2, 2005
DocketNo. 2004-1140
StatusPublished
Cited by3 cases

This text of 894 So. 2d 551 (Hayden v. Spencer) 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
Hayden v. Spencer, 894 So. 2d 551, 4 La.App. 3 Cir. 1140, 2005 La. App. LEXIS 155, 2005 WL 233774 (La. Ct. App. 2005).

Opinion

hCOOKS, Judge.

STATEMENT OF THE CASE

On March 23, 2001, Lucinda Hayden was driving a 1990 Ford Tempo and was [552]*552stopped at a red light in Many, Louisiana, behind a log truck being driven by Der-reck Spencer. The log truck began to back up to allow space for oncoming traffic to make a right turn when the pole of the trailer struck the roof and went through the windshield of Ms. Hayden’s vehicle. Ms. Hayden sued Derreck Spencer d/b/a Derreck Spencer Logging and his insurer, Clarendon National Insurance Company. Liabihty was stipulated to by the Defendants and the issue of quantum was tried before a jury on August 25 and 26, 2003. The jury awarded Ms. Hayden the following:

Pain and suffering $2,500.00
Past medical expenses $7,500.00
Lost Wages $3,120.00

On August 26, 2003, a bench trial was held on the issue of ownership of the Ford Tempo. The trial court found Ms. Hayden was the owner of the vehicle at the time of the accident and did not have insurance coverage on the vehicle. The trial court allowed Spencer Logging a credit of $10,000.00 under Louisiana’s “no pay-no play” statute. See La.R.S. 32:866(A)(1). Ms. Hayden filed this appeal asserting the jury verdict was in error. Additionally, Ms. Hayden contends the trial court erred in finding Ms. Hayden was the owner of the Ford Tempo at the time of the accident. For the reasons assigned below, we affirm the decision of the trial court.

LAW AND DISCUSSION

Ownership of the Ford Tempo and Insurance Coverage

It is undisputed the motor vehicle title on the Ford Tempo was still in the name of Bobbie Holden (Ms. Hayden’s stepdaughter) and the vehicle was listed on her ^policy with State and County Mutual Fire Insurance Company. Ms. Hayden was not listed on the policy as an insured driver. Ms. Hayden contends she was driving the Ford Tempo with the express consent of Ms. Holden and since no transfer of title occurred, insurance coverage continued under Ms. Holden’s policy and Ms. Hayden was not obligated to obtain her own insurance on the vehicle. She cites the Texas Certificate of Title Act which provides in order for a sale to be valid under Texas law, the transfer must be in compliance with the procedures outlined in the Act. At trial, however, Ms. Hayden testified she bought the Ford Tempo from her stepdaughter, was in possession of the vehicle for three or four weeks prior to the accident and had just paid the last installment. She testified as follows:

Q. Who did you buy that car from?
A. From my stepdaughter.
Q. And she lives where?
A. In Texas.
Q. And before this accident, how long had you been driving that Ford Tempo? A. I didn’t get it until in January because she was doing work to it and we just paid her off and when she got it all fixed, she brought it up here for us to have. We got her paid off.
[[Image here]]
Q. Had you ever gone to an insurance agent and requested a policy of insurance on the Ford Tempo?
A. No sir. It had just got through being paid for. She was up here the day the accident took place for us to go check everything and have it changed over into our name.
[[Image here]]
Q. So you’d had the Ford Tempo for about a month?
A. Yes, sir.
Q. But you’d been paying her longer than that.
A. Yes sir.
[[Image here]]
[553]*553Q. But you had never insured the car.
A. No sir because it was still in her name.
Q. You never even registered the car in your name.
A. No sir, not yet.
Ms. Holden testified as follows:
Q. Was she driving that vehicle with your permission?
A. Yes.
|4Q. Or, under what circumstances was she driving that vehicle?
A. They were buying the car from me. Q. Okay. She and Mr. Hayden?
A. Yes sir.
Q. Did you have a policy of insurance covering that vehicle?
A. Yes sir.
[[Image here]]
Q. Okay. Had they completed payment for it?
A. Yes sir.
Q. How recently had they made the last payment?
A. Couple of weeks, I think. It’s been a while.
Q. Before the accident?
A. Before that.
Q. Okay. When were you and she to change the papers or the title on the vehicle?
A. The day of the accident.
[[Image here]]
Q. All right. And when Ms. Hayden testified, she told me that was her car. A. Yes.
Q. And you’re not disputing that was her car?
A. No sir, I am not.
Q. And actually, I think she told me that they hadn’t finish paying you for the car but you’re telling us that she had. Is that correct?
A. They had finished paying for the car. The day of the accident, when she came home that day from work, we were going to have it transferred.
Q. When did y’all agree that she was going to buy that car from you?
A. Oh, lord. Sometime close to the end of the year before.
[[Image here]]
A. She had the car approximately three or four weeks before the accident, that’s it.

We conclude the trial court was correct in finding Ms> Hayden was the owner of the vehicle at the time of the accident and under Louisiana law she was obligated to obtain insurance coverage. In Touchet v. Guidry, 550 So.2d 308 (La.App. 3 Cir. 1989), this court stated:

[Ujnder Louisiana law, title to motor vehicles, though imperfect, may be transferred between the parties in accordance with the provisions of the Civil Code even though they have not complied with the Vehicle Certificate of Title Law (LSA-R.S. 32:701 et seq.); Scott v. Continental Ins. Co., 259 So.2d 391 (La.App. 2d Cir.1972); Luke v. Theriot, 195 So.2d 685 (La.App. 1st Cir.1967). The registration of sales of motor vehicles under the Vehicle Certificate of Title Law is an administrative proceeding which does not bear any essential relationship to transfer of motor vehicles under the provisions of the.Civil Code. Scott v. Continental Ins. Co., supra. Under the provisions of LSA-C.C. art. 1539, the manual gift of a corporeal movable accompanied by real delivery is not subject to any formality. Morris v. National Dairy Products Corporation, 160 So.2d 371 (La.App. 4th Cir.1964).

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Cite This Page — Counsel Stack

Bluebook (online)
894 So. 2d 551, 4 La.App. 3 Cir. 1140, 2005 La. App. LEXIS 155, 2005 WL 233774, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hayden-v-spencer-lactapp-2005.