Strickland v. State Farm Ins. Companies

607 So. 2d 769, 1992 La. App. LEXIS 3029, 1992 WL 298072
CourtLouisiana Court of Appeal
DecidedOctober 16, 1992
DocketCA 91 1189
StatusPublished
Cited by19 cases

This text of 607 So. 2d 769 (Strickland v. State Farm Ins. Companies) 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
Strickland v. State Farm Ins. Companies, 607 So. 2d 769, 1992 La. App. LEXIS 3029, 1992 WL 298072 (La. Ct. App. 1992).

Opinion

607 So.2d 769 (1992)

Ronald S. STRICKLAND
v.
STATE FARM INSURANCE COMPANIES.

No. CA 91 1189.

Court of Appeal of Louisiana, First Circuit.

October 16, 1992.

*770 Daniel G. Foil, Covington, for plaintiff-appellant.

Burt K. Carnahan, Metairie, for defendant-appellee.

Before CARTER, LANIER and LeBLANC, JJ.

LANIER, Judge.

This action is a suit against an uninsured motorist insurer to collect for injuries suffered when plaintiff's motorcycle struck an automobile. After a jury trial, the jury found as a fact that the plaintiff was not "living with" his parents and the trial judge held as a matter of law that plaintiff, Ronald Strickland (Strickland), was not covered under the insurance policy issued by the defendant, State Farm Mutual Automobile Insurance Company (State Farm), to plaintiff's father, Alonzo Strickland. The trial court denied Strickland's motion for judgment notwithstanding the verdict and, in the alternative, motion for a new trial. Strickland took this devolutive appeal. We affirm.

FACTS

On May 26, 1988, at the intersection of Louisiana Highway 21 and Lowe Davis Road in St. Tammany Parish, Louisiana, a 1981 Yamaha motorcycle owned and operated by Ronald Strickland collided with an automobile driven by Lottie O. Crutchfield. Strickland was thrown from his motorcycle and suffered injuries to his right thigh, right knee and right foot. Strickland settled with Crutchfield and her insurer, Allstate Insurance Company, for the policy limits ($10,000). Strickland then attempted to collect under the uninsured/underinsured coverage of an automobile liability insurance policy issued to his father, Alonzo Strickland, by State Farm.[1]

The automobile policy issued by State Farm to Alonzo Strickland contained the following language about the uninsured motorist coverage:

Who Is an Insured
Insured—means the person or persons covered by uninsured motor vehicle coverage.
This is:
1. the first person named in the declarations;
2. his or her spouse;
3. their relatives; and
4. any other person while occupying:
a. your car, a temporary substitute car, a newly acquired car or a trailer attached to such car. Such vehicle has to be used within the scope of the consent of you or your spouse; or
b. a car not owned by you, your spouse or any relative, or a trailer attached to such a car. It has to be driven by the first person named in the declarations or that person's spouse and within the scope of the owner's consent.
Such other person occupying a vehicle used to carry persons for a charge is not an insured.
5. any person entitled to recover damages because of bodily injury to an insured under 1 through 4 above.

*771 (Italicization and bolding in original)

The definitions section of that policy defines "relative" as follows:

Relative—means a person related to you or your spouse by blood, marriage or adoption who lives with you. It includes your unmarried and unemancipated child away at school.

(Italicization and bolding in original; emphasis added)

Strickland, who was thirty years old and working as an assistant manager at the Pizza Hut restaurant in Bogalusa, Louisiana, testified he was living with his parents at their home in Covington, Louisiana, at the time of the accident.[2] He testified that in the two years prior to taking the job at Pizza Hut, he had worked at the Holiday Inn in Covington and lived with his parents. Upon taking the job with Pizza Hut in 1986, he moved to Bogalusa at the request of his employer. After living in two rented houses for several months, he moved back in with his parents in Covington in the summer of 1987. Strickland testified he began commuting to work on his motorcycle.[3]

In November or December of 1987, he began spending some nights at the La Florida Inn in Bogalusa. In response to the question of why he rented this room, Strickland testified as follows:

Because there was times where it would be raining or cold or either I would have to close the restaurant at twelve or one o'clock and then turn around and open up the restaurant at eight o'clock in the morning.

Initially, Strickland paid $20 dollars per night for a room. In January of 1988, the owner of the motel offered Strickland a $35 weekly rate. Strickland testified the arrangement was to pay two weeks rent upon receiving his bi-weekly paycheck. He testified he spent one or two nights a week at his parents' house and some nights at his girlfriend's home in McComb, Mississippi. The night before the accident he had stayed at the motel. Strickland testified he had a key to his parents' house. He kept some of his clothes, some tools and two broken down cars at his parents' house. He kept several pieces of furniture at a storage facility in Mandeville, Louisiana. He testified he only kept work uniforms, a couple of changes of clothes, some bathroom supplies and a couple of pairs of shoes at the motel in Bogalusa. At the time of the accident, Strickland was receiving his mail and was registered to vote at his parents' address in Covington. He testified he had no bank accounts at the time of the accident.

On cross examination, Strickland admitted that he had spent only one or two nights at his parents' house in the four weeks before the accident. He also admitted making the following statement to a representative of Allstate Insurance on June 1, 1988:

Q. Alright. What is your address Ron?

A. Ah I don't know the name of the street I live on because I live in a hotel up in Bogalusa.

Q. Which hotel is it?
A. La Florida Inn.

After leaving the hospital, Strickland spent a week at a friend's home in McComb, a week at his parents' home, a week at a friend's home in Biloxi, Mississippi, and a week in Detroit before renting a house in McComb.

Louisiana State Trooper Peter Salamankus testified he interviewed Strickland in the hospital after the accident. At that time Strickland, gave a Bogalusa address as his home address.[4]

On the factual issue of whether Strickland was living with his parents at the time of the accident, the trial judge instructed *772 the jury, in pertinent part, as follows:[5]

In making this determination, you must consider all factual circumstances which indicate whether the plaintiff intended to live with his parents, such as, one, where the plaintiff spent his time; where the plaintiff kept most of his clothing or other personal belongings; where the plaintiff received his mail, including Federal and State tax forms; motor vehicle insurance premiums notices; mail from friends; where the plaintiff had personal accounts, such as bank accounts or charge accounts; and whether or not the plaintiff had his own room in his parents' house. This list is not exclusive. It is purely for the sake of example.

The trial jury found that Strickland was not living with his parents at the time of the accident, and judgment was rendered in favor of State Farm and against Strickland.

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Bluebook (online)
607 So. 2d 769, 1992 La. App. LEXIS 3029, 1992 WL 298072, Counsel Stack Legal Research, https://law.counselstack.com/opinion/strickland-v-state-farm-ins-companies-lactapp-1992.