Landry v. Allstate Property & Casualty Insurance Co.

177 So. 3d 1099, 15 La.App. 3 Cir. 513, 2015 La. App. LEXIS 2150, 2015 WL 6735593
CourtLouisiana Court of Appeal
DecidedNovember 4, 2015
DocketNo. 15-513
StatusPublished

This text of 177 So. 3d 1099 (Landry v. Allstate Property & Casualty 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
Landry v. Allstate Property & Casualty Insurance Co., 177 So. 3d 1099, 15 La.App. 3 Cir. 513, 2015 La. App. LEXIS 2150, 2015 WL 6735593 (La. Ct. App. 2015).

Opinion

CONERY, Judge.

Plaintiff, Judith Landry, filed a personal injury lawsuit claiming that she was injured in an automobile collision due to the negligence of defendant, Therese Le-sinski. State Farm Mutual Automobile Insurance Company had an automobile liability insurance policy in effect insuring Ms. Lesinski’s vehicle. At the time of the accident in question, however, Ms. Lesinski was driving a vehicle owned by Armogene Braus. Mr. Braus’ vehicle was insured by Allstate Property and Casualty Insurance Company. Ms. Lesinski was staying in the home of Mr. Braus at the time. State Farm, as insurer of Ms. Lesinski’s vehicle, filed a motion for summary judgment claiming that its policy excluded coverage for Ms. Lesinski, as Mr. Braus was a “member of her household” as defined in the State Farm Policy Exclusion.

The trial court granted State Farm’s motion on different grounds than those set forth in the motion and dismissed State Farm. The trial court found that the language in State Farm’s policy issued to Ms. Lesinski excluded coverage for Ms. Lesin-ski while she was driving a vehicle owned by her “employer,” Mr. Braus. For the following reasons, we reverse and remand to the trial court for further proceedings.

FACTS AND PROCEDURAL HISTORY

In its motion for summary judgment, the only coverage issue raised by State Farm was the policy exclusion based on alleged facts that the owner of the home, Mr. Braus, was a resident of the “household” of Ms. Lesinski, who at the time was allegedly only a temporary at will occupant of Mr. Braus’ domicile and home.

The policy exclusion cited by State Farm in its motion provided, in pertinent part:

| ¿THERE IS NO COVERAGE FOR AN INSURED:
13. FOR THE OWNERSHIP, OPERATION, MAINTENANCE OR USE OF ANY VEHICLE OWNED BY:
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c. ANY OTHER PERSON DOMICILED IN YOUR HOUSEHOLD;

At the hearing on State Farm’s motion for summary judgment, the issue of whether Mr. Braus qualified as “Any Other Person Domiciled In Your Household” was the main focus of argument by both counsel in conjunction with the quoted State Farm policy exclusion. The trial court first noted that the issue of Ms. Lesinski’s status in Mr. Braus household, as well as her actual domicile, presented a number of genuine issues of material fact, which precluded the granting of State Farm’s motion for summary judgment as plead and briefed.

[1101]*1101At the close of the argument on the only-issue stated as the basis of State Farm’s motion, whether Mr. Braus, the homeowner, was a member of Ms. Lesinski’s “household” on the date of the accident, counsel for State Farm raised for the first time an issue not raised in its motion or briefed. State Farm raised the question of Ms. Lesinski’s employment status with Mr. Braus, as State Farm’s policy also excluded coverage if it were to be found that Ms. Lesinski was an employee of Mr. Braus operating his vehicle at the time of the accident.

When the trial court asked counsel for State Farm if the record contained any clear evidence of Ms. Lesinski’s employment, counsel for State Farm produced, also for the first time, Ms. Lesinski’s “Answers to Interrogatories” dated June 24, 2014. The “Answers to Interrogatories” were not signed by Ms. Lesinski, nor was there an accompanying affidavit. Further, the “Answers to Interrogatories” were not attached to State Farm’s motion for summary judgment.

Counsel for State Farm then proceeded to read Interrogatory Number 1 and Ms. Lesinski’s answer thereto into the record. Interrogatory Number 1 provided, “Was Therese Lesinski working at the time of and on the day of the accident in question.” Ms. Lesinski allegedly answered through her attorney, “Yes, Therese Lesinski was hired as a personal care sitter for Armogene Braus on May 6, 2013. She was taking Mr. Braus from a doctor’s appointment at the Department of Veterans Affairs to his home.”

The trial court, after hearing the answer to Interrogatory Number 1 allegedly given by Ms. Lesinski, then granted State Farm’s motion for summary judgment based on a different exclusion in the State Farm policy from that listed, briefed, and argued in State Farm’s motion. Again, the exclusion relied on by the trial court was that as an alleged employee of Mr. Braus driving his vehicle, Ms. Lesinski’s policy with State Farm excluded coverage.

The trial court ruled as follows, “Based on that answer in the interrogatory, she’s an employee, and I so rule. Motion granted.” After the trial court’s ruling, counsel for State Farm requested and was granted leave to offer, file, and introduce into the record of the summary judgment hearing Ms. Lesinski’s June 24, 2014 answer to Interrogatory Number 1 which had been prepared by her attorney and not verified or signed by her. The trial court then admitted the answer to Interrogatory Number 1 into evidence as State Farm Exhibit # 1 at the summary judgment hearing.

On January 8, 2015, the trial court signed a judgment granting State Farm’s motion for summary judgment, dismissing State Farm from the litigation.1 |4Plaintiff appellant Judith Landry now timely appeals the judgment of the trial court. For the following reasons, we reverse.

ASSIGNMENT OF ERROR

Appellant, Ms. Landry, raises one assignment of error on appeal, “The trial court abused its discretion and committed legal error by granting summary judgment in favor of State Farm.”

LAW AND DISCUSSION

Standard of Review

An appellate court is required to review summary judgments de novo and apply the [1102]*1102same criteria used by the trial court in its determination of whether summary judgment is appropriate. Hunter v. Rapides Parish Coliseum Auth., 14-784 (La.App. 3 Cir. 2/4/15), 158 So.Bd 173, writ denied, 15-737 (La.6/1/15), 171 So.3d 934. “The summary judgment procedure is designed to secure the just, speedy, and inexpensive determination of every action.... The procedure is favored and shall be construed to accomplish these ends.” La. Code Civ.P. art. 966(A)(2).2

A motion for summary judgment:

[Sjhall be rendered forthwith if the pleadings, depositions, answers to interrogatories and admissions, together with the affidavits, if any, admitted for the purposes of the motion for summary judgment show that there is no genuine issue as to material fact, and that mover is entitled to judgment as a matter of law.

La.Code Civ.P. art. 966(B)(2).

Assignment of Error — Application of Provisions of La.Code Civ.P. art. 966

The sole assignment of error by Appellant references the trial court’s disregard for the provisions of La.Code Civ.P. art. 966 by granting State Farm’s motion for summary judgment on an issue not raised in its motion and/or on the basis of evidence not properly admitted into the record.

The applicable provisions of La.Code Civ.P. art. 966 state, in pertinent part:

F. (1) A summary judgment may be rendered or affirmed only as to those issues set forth in the motion under consideration by the court at that time.

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Related

Hunter v. Rapides Parish Coliseum Authority
158 So. 3d 173 (Louisiana Court of Appeal, 2015)
Day v. Allen
129 So. 260 (Louisiana Court of Appeal, 1930)

Cite This Page — Counsel Stack

Bluebook (online)
177 So. 3d 1099, 15 La.App. 3 Cir. 513, 2015 La. App. LEXIS 2150, 2015 WL 6735593, Counsel Stack Legal Research, https://law.counselstack.com/opinion/landry-v-allstate-property-casualty-insurance-co-lactapp-2015.