Jones v. Crane Co.

653 So. 2d 822, 1995 WL 146160
CourtLouisiana Court of Appeal
DecidedApril 5, 1995
Docket26781-CA
StatusPublished
Cited by12 cases

This text of 653 So. 2d 822 (Jones v. Crane 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
Jones v. Crane Co., 653 So. 2d 822, 1995 WL 146160 (La. Ct. App. 1995).

Opinion

653 So.2d 822 (1995)

Vickie JONES, Individually and as Tutrix of Her Minor Child, Allen Michael Jones, Plaintiff-Appellant-Appellee
v.
CRANE CO., Republic Insurance Co., and George Jones, Defendants-Appellees-Appellants.

No. 26781-CA.

Court of Appeal of Louisiana, Second Circuit.

April 5, 1995.

*823 Woodrow W. Wyatt, Monroe, for appellant.

F. Williams Sartor, Jr., Thomas Hayes, III, Monroe, and P. Chauvin Wilkinson, Jr., Baton Rouge, for appellees.

Before MARVIN, C.J., and WILLIAMS, J., and CULPEPPER, J. Pro Tem.

WILLIAMS, Judge.

This is an action for damages resulting from the use of an allegedly defective central heating unit in the home of the defendant, George Jones. The plaintiff, Vickie Jones, individually and as the tutrix of her minor child, Allen Michael Jones, filed this suit against the defendant, his homeowner's insurer, Republic Insurance Company (Republic), and the manufacturer of the allegedly *824 defective heater, Crane Company (Crane). Subsequently, Republic and Crane successfully moved for summary judgments and were dismissed from the action. The plaintiff appeals. For the following reasons, we reverse.

FACTS

On December 12, 1989, the plaintiff spent the night in the home of her father-in-law, George Jones. That night, while plaintiff slept, the 1963 gas-fired central heating unit leaked carbon monoxide and poisoned her. The next day, the plaintiff prematurely gave birth to her son, Allen Jones, who was born with severe birth defects. Subsequently, the plaintiff instituted this action seeking to recover for the damages that she and her son sustained on the night of the incident.

Republic and Crane successfully moved for summary judgments. In granting the motion for summary judgment filed by Republic, the trial court concluded that the plaintiff was a resident of George Jones' household and, as such, was not covered by his homeowner's insurance policy. In granting the motion for summary judgment filed by Crane, the trial court concluded that the plaintiff's action against Crane was perempted under LSA-R.S. 9:2772. Challenging the propriety of the trial court's action in granting the motions for summary judgment, the plaintiff appeals.

DISCUSSION

The plaintiff alleges the trial court erred in granting the motions for summary judgment and denying her claims against Republic and Crane. She argues that genuine issues of material fact existed and neither party's motion should have been granted.

The motion for summary judgment is a procedural device used to avoid a full scale trial where there is no genuine factual dispute. Rhodes v. Executive Risk Consultants, Inc., 26,021 (La.App. 2d Cir. 8/17/94), 642 So.2d 269, 272. Under LSA-C.C.P. Art. 966, a trial court can properly grant a motion for summary judgment only when the pleadings, depositions, answers to interrogatories, admissions on file, and affidavits show there is no genuine issue as to material fact and the mover is entitled to judgment as a matter of law. Rhodes v. Executive Risk Consultants, Inc., supra. When reviewing the granting of a motion for summary judgment, the appellate court must review the record de novo, under the same criteria which governed the trial court's consideration of whether the summary judgment was appropriate. Tugwell v. State Farm Insurance Co., 609 So.2d 195 (La.1992).

The party seeking the summary judgment has the burden of affirmatively showing the absence of a genuine issue of material fact. To satisfy this burden, the moving party must meet a strict standard by showing that the truth is self-evident and that there exists no real doubt as to the existence of any genuine issue of fact. Barnett v. Staats, 25,357 (La.App. 2d Cir. 1/19/94), 631 So.2d 84. A fact is material if its existence or nonexistence may be essential to the plaintiff's cause of action under the applicable theory of recovery. Material facts are those which potentially insure or preclude recovery, affect the litigants' ultimate success, or determine the outcome of a legal dispute. Barnett v. Staats, supra; Security Nat. Trust v. Kalmback, 613 So.2d 664 (La.App. 2d Cir.1993).

In determining whether the mover satisfied his burden of proof, the court shall closely scrutinize the documents supporting the mover's position, while treating the opposing documents indulgently. Bradford v. Louisiana Downs, Inc., 606 So.2d 1370 (La.App. 2d Cir.1992). The inferences drawn from the underlying facts contained in the summary judgment evidence and materials must be viewed in the light most favorable to the party opposing the motion. Schroeder v. Board of Supervisors, 591 So.2d 342, 345 (La.1991). Only when reasonable minds must inevitably conclude that the mover is entitled to judgment as a matter of law on the facts before the court is a summary judgment warranted. Chaney v. National R.R. Passenger Corp., 583 So.2d 926, 930 (La.App.1st Cir.1991).

INSURANCE COVERAGE:

In regard to Republic's motion for summary judgment, the homeowner's insurance *825 policy in question does not provide coverage for liability arising out of bodily injury to an "insured." The term "insured," as defined in the policy, includes any "relative" of George Jones, the named insured, who is a "resident of his household." Here, none of the parties deny that, at the time of the incident, the plaintiff, the named insured's daughter-in-law, was a "relative" of the named insured. See Liprie v. Michigan Millers Mut. Ins. Co., 143 So.2d 597 (La.App. 3d Cir.1962). Therefore, the central question to be resolved in this case is whether a genuine issue of material fact existed as to whether the plaintiff was a "resident of the named insured's household" at the time of the incident.

The terms "resident" and "household," as used in the phrase "resident of the named insured's household," are not defined in the insurance policy. Nevertheless, those terms, as used here, have been frequently litigated and construed, and they signify the common and usual meanings associated with insurance contracts. See Taylor v. State Farm Mutual Auto. Ins. Co., 248 La. 246, 178 So.2d 238, 241 (1965); Tucker v. State Farm Fire & Cas. Ins. Co., 599 So.2d 447, 449 (La.App. 2d Cir.), writ denied, 604 So.2d 1004 (1992); and Andrade v. Shiers, 516 So.2d 1192, 1194 (La.App.2d Cir.1987).

A "household" is a group of people living together as a family, and, for insurance purposes, the term is generally synonymous with "family." BLACK'S LAW DICTIONARY 740 (6th ed. 1990).

The term "household" embraces a collection of persons as a single group living together under one roof. It is a "collective body of persons living together within one curtilage, subsisting in common and directing their attention to a common object, the promotion of their mutual interests and social happiness."

Miley v. Louisiana Farm Bureau Cas. Ins. Co., 599 So.2d 791, 798 (La.App. 1st Cir.), writ denied, 604 So.2d 1313 (1992) (citation omitted). "The pattern which emerges from the myriad of decisions considering the term `household' shows an emphasis on `dwelling as a family under one head,' whether or not the persons live under the same roof." Andrade v. Shiers, supra. The correct inquiry for determining whether a person is a resident of a particular household with respect to insurance coverage is to determine the individual's attachment to a group or to a person, rather than to a building. Tucker v. State Farm Fire & Cas. Ins. Co., supra

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Cite This Page — Counsel Stack

Bluebook (online)
653 So. 2d 822, 1995 WL 146160, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-crane-co-lactapp-1995.