Wille v. Courtney

943 So. 2d 515, 2006 WL 2739007
CourtLouisiana Court of Appeal
DecidedSeptember 26, 2006
Docket06-CA-231
StatusPublished
Cited by1 cases

This text of 943 So. 2d 515 (Wille v. Courtney) 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
Wille v. Courtney, 943 So. 2d 515, 2006 WL 2739007 (La. Ct. App. 2006).

Opinion

943 So.2d 515 (2006)

Stephanie Ann Wille, Deanna Wille, Patricia Wille, Wife of/and John WILLE
v.
Charles G. COURTNEY, Lana M. Howell, Dane R. Howell, U.S. Agencies, Allstate Insurance Co. and ABC Insurance Co.

No. 06-CA-231.

Court of Appeal of Louisiana, Fifth Circuit.

September 26, 2006.

*516 Jerome M. Volk, Jr., Michael E. Escudier, Kenner, Louisiana, William E. LeBlanc, Donaldsonville, Louisiana, for Plaintiffs/Appellants, Stephanie Ann Wille, Deanna Wille, Patricia Wille, Wife of/and John Wille.

Robert M. Johnston, Stacy R. Palowsky, New Orleans, Louisiana, for Defendant/Appellee, Dane R. Howell.

Richard T. Reed, Daniel A. Reed, Baton Rouge, Louisiana, for Defendant/Appellee, Zurich/Maryland Insurance Company.

Panel composed of Judges EDWARD A. DUFRESNE, JR., SUSAN M. CHEHARDY, and CLARENCE E. McMANUS.

SUSAN M. CHEHARDY, Judge.

This appeal arises in an automobile accident case. Most of the defendants have settled except one defendant and his insurer. The trial court granted separate summary judgments in favor of the defendant and his insurer, from which the plaintiffs appeal. We affirm.

FACTS

The accident occurred on May 10, 1998 on Highway 61 near Gramercy in St. James Parish, Louisiana. Stephanie Wille was driving her 1998 Nissan automobile eastbound, with several passengers—Deana Wille, Patricia Wille, and John Wille— when her car collided with a 1998 Ford Escort that was pulling out from a private parking lot. The Ford was driven by Charles Courtney, with Lana Howell as passenger. Courtney and Lana Howell were on a date. Lana Howell was an owner of the Ford, and Courtney was driving with her permission. The Ford's registration papers also listed Lana Howell's father, Dane Howell, as an owner.

The Willes all sustained injuries and filed suit against Charles Courtney, Lana Howell, and Dane Howell, and their insurers, as well as against the Willes' own uninsured motorists insurance carriers.[1] All the defendants settled and were dismissed except for Lana Howell, Dane Howell, and Dane Howell's insurer, Zurich/Maryland Insurance Company (hereafter "Zurich").[2]

Dane Howell and Zurich each brought a motion for summary judgment. Dane Howell's motion asserted he is not liable because he acted as a co-signer in the purchase of the Ford Escort only so his daughter could purchase the car through the Ford Credit Program. He had never met Charles Courtney before the accident at issue, and he did not give Courtney permission to operate the Ford Escort. *517 Lana Howell was 21 years old at the time of the accident and she and Charles Courtney were on their first date. Charles Courtney was not on a mission for Dane Howell, Courtney was neither an agent nor an employee of Dane Howell, and Dane Howell was not negligent in entrusting the vehicle to Courtney because he did not give him permission to drive it. Thus, Dane Howell contended he is neither directly nor vicariously liable for the acts of either Charles Courtney or Lana Howell.

Zurich's motion for summary judgment argued there is no liability by Zurich and no possibility of coverage under any clauses of the policy, because Dane Howell had no ownership interest in the Ford Escort, the Ford was not a replacement vehicle for any vehicle shown in the policy declarations, and it was not a newly acquired additional vehicle. Further, both Lana Howell and her previous vehicle had been removed from the Zurich policy more than 30 days before the Ford Escort was purchased, so that the Ford could not be considered a replacement of Lana's previous vehicle for coverage by Zurich. Zurich asserted that the Ford Escort was purchased for Lana Howell's exclusive use, Dane Howell signed the papers on the Ford only so that Lana could buy the vehicle, Dane Howell never drove, rode in, or used the vehicle, and Dane Howell's actions amounted to a manual donation of the vehicle to Lana Howell. Thus, Zurich argued, Dane Howell was not the co-owner of the Ford.

The trial court found these arguments persuasive and granted summary judgment, with written reasons for judgment, as to both Dane Howell and Zurich.

On appeal, the plaintiffs assert the trial court erred in the following respects: (1) The trial court completely disregarded jurisprudence of this Circuit regarding the issues of liability and insurance coverage as to third persons as well as automatic coverage, relying instead on jurisprudence of the Second Circuit. (2) The trial court focused on the deposition testimony of Dane Howell and Lana Howell with regard to intent, contrary to the law and the conflicting genuine issues of fact created thereby. (3) The trial court erred in its analysis of the facts in the case of Abbasi v. State Farm Ins. Co., 04-44 (La.App. 5 Cir. 5/26/04), 875 So.2d 988, with regard to the issue of intent and the misapplication to the issue of vicarious liability.

ANALYSIS AND LAW

The liability discussions in the briefs contained much analysis of Dane Howell's ownership interest in the Ford Escort, because although his name was listed on both the vehicle registration papers as well as the financing documents, Dane Howell asserted he did not intend to own the vehicle, but only signed the papers to facilitate his daughter's obtaining the car. Except for signing the papers, he had nothing to do with the car.

We look, first, at Dane Howell's personal liability exposure, and second at the liability of Zurich.

Liability of Dane Howell

The trial court determined that Dane Howell could not be personally liable for the accident because there was no showing that Charles Courtney was on a mission for Dane Howell, Courtney was neither an agent nor employee of Dane Howell, and there was no showing that Dane Howell negligently entrusted the Ford to Courtney. Dane Howell had never met Courtney prior to the accident. Lana Howell was an adult and she was on a date with Courtney. The court pointed out that a "date" does not constitute "an errand for the benefit of both" ("both" referring to Lana Howell and Dane Howell). There was nothing to establish any *518 connection between Courtney and Dane Howell. Under this analysis, even accepting that Dane Howell was a co-owner of the car, he is absolved of liability for the plaintiffs' injuries.

The trial court relied on Abbasi v. State Farm Ins. Co., 04-44 (La.App. 5 Cir. 5/26/04), 875 So.2d 988, writ denied, 04-2076 (La.9/24/04), 882 So.2d 1135. In that case this Court held,

In Louisiana, owners of motor vehicles are ordinarily not personally liable for damages which occur while another is operating the vehicle. Exceptions to this rule occur only when the driver is on a mission for the owner of the vehicle, when the driver is an agent or employee of the owner, and when the owner is himself negligent in entrusting the vehicle to an incompetent driver. Imputation of negligence of one person to another is allowed only when there exists between them some relation of master or superior and servant or subordinate or other similar relationship. The relationship between them must be one invoking the principles of agency, or the persons must be co-operating in a common or joint enterprise, or the relationship between the parties must have been such that the person to whom the negligence is imputed must have had a legal right to control the action of the person who was actually negligent. [Footnotes omitted.]

Abbasi, 04-44, p. 5, 875 So.2d at 992.

On appeal the plaintiffs assert the trial court erred in relying on the Abbasi

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Cite This Page — Counsel Stack

Bluebook (online)
943 So. 2d 515, 2006 WL 2739007, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wille-v-courtney-lactapp-2006.