Schroeder v. Board of Sup'rs

591 So. 2d 342, 1991 WL 255910
CourtSupreme Court of Louisiana
DecidedDecember 2, 1991
Docket91-C-0941
StatusPublished
Cited by1,022 cases

This text of 591 So. 2d 342 (Schroeder v. Board of Sup'rs) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Schroeder v. Board of Sup'rs, 591 So. 2d 342, 1991 WL 255910 (La. 1991).

Opinion

591 So.2d 342 (1991)

Rolf R. SCHROEDER, et al.
v.
BOARD OF SUPERVISORS OF LOUISIANA STATE UNIVERSITY, et al.

No. 91-C-0941.

Supreme Court of Louisiana.

December 2, 1991.
Rehearing Denied February 6, 1992.

*343 Dermot S. McGlinchey, Eve Barrie Masinter, James M. Garner, Monica A. Frois, McGlinchey, Stafford, Cellini and Lang, Counsel for applicants.

Frank A. Fertitta, Lane, Fertitta, Lane & Tullos, Carolyn Pratt Perry, Raymon G. Jones, Mary E. Mouton, Barbara L. Malik, Deutsch, Kerrigan & Stiles, Boris F. Navratil, Breazeale, Sachse & Wilson, for respondents.

DENNIS, Justice.

In this summary judgment review, the question is whether Louisiana State University, under the terms of its liability insurance policy, "borrowed" an automobile when a university laboratory school student used his father's car to give a ride to a fellow student who had volunteered to run a school related errand at the request of a teacher who had no knowledge of or control over his means of transportation. The trial court and court of appeal, 577 So.2d 1074, concluded that LSU had "borrowed" the vehicle owned by the driver's father and rendered summary judgment in favor of plaintiff that coverage was afforded under LSU's liability insurance policy for an auto accident in which the students were involved during the errand. We reverse. The words of the insurance policy are clear and explicit: "Anyone else is an insured while using with your permission a covered auto you own, hire or borrow...." Therefore, no further interpretation may be made in search of the parties' intent. Under its generally prevailing meaning, borrow connotes the acquisition of temporary possession, dominion or control of a thing, or the right to direct the use of a thing, not merely the receipt of some benefit from its use by another person. In the present case, under the evidence offered in support of the summary judgment, LSU did not possess, dominate, control or acquire the right to direct the use of the vehicle involved in the accident so as to make the *344 vehicle a "borrowed" automobile under the policy.

FACTS

On Saturday, October 29, 1983, Andrew Eric Schroeder ("Eric") drove his father's car to University Laboratory School ("U. High") on the Louisiana State University campus in Baton Rouge, where he attended high school. On the way to school he picked up Bradley Aucoin, a classmate. Before arriving at school, Eric stopped and purchased a six pack of beer, which one or both of the boys consumed in the parking lot of U. High. The boys had arrived at school around 12:30 p.m. to participate in "Sadie Hawkins Day" events. These events were sponsored by the senior class of U. High with the help of U. High officials. The events were held on the school grounds of U. High and were chaperoned by faculty "sponsors."

Later that afternoon, sometime before 4:00 p.m., Ms. Ater, a faculty sponsor, asked Brad if he knew who was assigned to bring the ice for the sodas which were going to be served at the dance that night. Brad said that he didn't know but volunteered to go get it. Ms. Ater gave Brad money to purchase the ice and asked him to procure it. Ms. Ater did not know that Brad did not have a car. However, Ms. Ater was aware that some mode of transportation would likely be required to reach the place from which she had instructed Brad to obtain the ice. Without Ms. Ater's knowledge, Brad asked Eric to drive him to get the ice. On the way back, Eric and Brad stopped to buy more beer. After resuming the trip back to the school, Eric collided with another car causing severe injuries to the owner of the other car Jeanne Elise Lee. Lee, through her parents, sued Eric, Eric's father, Rolf Schroeder, his insurer, USAA Casualty Insurance Company of America, and her UM insurers, Continental Casualty Company ("CNA") and Safeco Insurance Company of America ("Safeco").

THE CASE BELOW

The present litigation arises from the same vehicular accident as a previous tort suit by Jeanne Elise Lee against Eric, his father Rolf R. Schroeder, their insurer USAA, and Lee's uninsured motorist carriers, CNA and Safeco. Judgment was rendered in favor of Lee in the amount of $1,626,600.00 against all named defendants. USAA, as liability carrier of Schroeder, paid its entire policy limits of $100,000. Lee's UM carriers, CNA and Safeco, paid the balance of the judgment. CNA and Safeco cross-claimed against Rolf R. Schroeder for amounts paid under their policies. These judgments were affirmed on appeal with minor reductions in quantum. Lee v. USAA Casualty Insurance Company of America, 540 So.2d 1083 (La. App. 1st Cir.), writ denied, 542 So.2d 514 (La.), reconsideration denied, 544 So.2d 384 (La.1989).

Schroeder then filed suit against LSU and its insurers on the basis that LSU was vicariously liable for the tortious conduct of Eric, and that Eric was an insured under LSU's automobile policy. CNA and Safeco intervened in the matter asserting that if LSU's policy afforded coverage then Lee was not uninsured or underinsured and LSU's insurers were liable to reimburse them for sums paid out under their policy. The trial court dismissed the claim of vicarious liability on an exception of no cause of action. That ruling is not before the court at this time. Schroeder and the intervenors jointly moved for summary judgment on the issue of whether Eric was an insured under LSU's liability insurance policy. LSU and its insurers made a cross-motion for summary judgment that Eric was not an insured. The trial court found that there was no genuine issue of material fact, with respect to either motion, that the joint movers were entitled to judgment as a matter of law, but that LSU was not. Therefore, the trial court granted plaintiff's and intervenors' joint motion and denied LSU's motion for summary judgment. The trial court found that the term borrow was ambiguous, and in construing the term against the insurance company, found that borrow embraced any use of any vehicle for the benefit of the named insured LSU. LSU and its insurers appealed. The Court of Appeal, First Circuit, affirmed. We granted LSU's application for certiorari to determine whether the words of the insurance *345 contract were ambiguous and whether plaintiff and intervenors are entitled to judgment as a matter of law. LSU did not complain in this application of the denial of its cross-motion for summary judgment.

SUMMARY JUDGMENT

Appellate courts review summary judgments de novo under the same criteria that govern the district court's consideration of whether summary judgment is appropriate. GATX Aircraft Corp. v. M/V Courtney Leigh, 768 F.2d 711, 714 (5th Cir.1985); McCrae v. Hankins, 720 F.2d 863, 865 (5th Cir.1983); Wright, Miller & Kane, Federal Practice and Procedure, § 2716, at 125 (Supp.1991). A motion for summary judgment is properly granted only if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue of material fact, and that the mover is entitled to judgment as a matter of law. La. C.C.P. art. 966; Vermilion Corp. v. Vaughn, 397 So.2d 490, 493 (La.1981).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Horton v. ANPAC Louisiana Insurance Co.
157 So. 3d 1254 (Louisiana Court of Appeal, 2015)
Dowdy v. City of Monroe
78 So. 3d 791 (Louisiana Court of Appeal, 2011)
Becnel v. CHET MORRISON, INC.
73 So. 3d 1002 (Louisiana Court of Appeal, 2011)
Mouton v. Hebert's Superette, Inc.
53 So. 3d 561 (Louisiana Court of Appeal, 2010)
Petitjean v. SAMSON CONTOUR ENERGY E & P, LLC.
51 So. 3d 200 (Louisiana Court of Appeal, 2010)
Navarre v. KOSTMAYER CONST. CO., INC.
52 So. 3d 921 (Louisiana Court of Appeal, 2010)
Richard v. Brasseaux
50 So. 3d 282 (Louisiana Court of Appeal, 2010)
Weatherly v. FONSECA & ASSOCIATES, LLC
48 So. 3d 391 (Louisiana Court of Appeal, 2010)
Guillory v. Progressive Security Ins. Co.
47 So. 3d 12 (Louisiana Court of Appeal, 2010)
David Drive Enterprises, LLC v. Subway Real Estate Corp.
49 So. 3d 913 (Louisiana Court of Appeal, 2010)
Thang Duc Bui v. Behrman Discount, Inc.
40 So. 3d 1010 (Louisiana Court of Appeal, 2010)
Dupre & Son Floor Covering, Inc. v. City of Iota
36 So. 3d 1117 (Louisiana Court of Appeal, 2010)
White v. BHB OIL
34 So. 3d 1115 (Louisiana Court of Appeal, 2010)
Ricks v. City of Monroe
26 So. 3d 858 (Louisiana Court of Appeal, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
591 So. 2d 342, 1991 WL 255910, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schroeder-v-board-of-suprs-la-1991.