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Stokes v. Stewart12/22/2000
So. 2d at 669.
The "mission of the owner" exception apparently has not often been applied in recent cases. Our research reveals very little development of this exception in the caselaw. This exception, however, is very similar to the employee/agent exception in that the owner is held vicariously liable for the driver's negligence due to the nature of the underlying relationship:
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. Aupied v. Joudeh, 96-202, p. 4 (La. App. 5th Cir. 4/9/97), 694 So. 2d 1012, 1014, writ denied, 97-1583 (La. 10/10/97), 703 So. 2d 605.
In the present case, the trial court determined that Mr. Stewart was on a mixed mission, both for his own purposes and to pick up some building materials for Mr. Perkins. The trial court further determined that Mr. Perkins, as the master or principal of Mr. Stewart, should be held vicariously liable for both compensatory and exemplary damages. We disagree. The record does not support holding Mr. Perkins liable as a master or principal.
Similarly, we do not believe that Mr. Stewart was on a mission for Mr. Perkins at the time of the accident. Although there was testimony indicating that Mr. Stewart may have been en route to pick up some building materials for Mr. Perkins, nothing indicates a legal right on the part of Mr. Perkins to exercise any control over the actions of Mr. Stewart. Absent such a relationship between Mr. Stewart and Mr. Perkins, we do not believe this situation rose to the level of a "mission" of the owner.
The trial court properly rejected the theory of negligent entrustment. Although there is credible evidence in the record indicating that Mr. Perkins had knowledge that Mr. Stewart was a drug user, nothing in the record demonstrates that Mr. Perkins had reason to know on the morning of the accident that Mr. Stewart was incompetent to drive.
Accordingly, based on the facts and circumstances of this case, we reverse that portion of the trial court's judgment holding Mr. Perkins liable to appellees for compensatory and punitive damages.
Damages
Relieving Mr. Perkins of liability for appellees' damages, however, does not absolve Safeway of its liability. This is so because the policy of insurance covered the named insured and "any other person using [the owned] automobile to whom the named insured has given permission, provided the use is within the scope of such permission[.]" Thus, we must now review the general and special damages awarded by the trial court.
Appellate courts should be mindful of the vast discretion of the trial court and only disturb damage awards that are an abuse of that discretion. As expressed by the Louisiana Supreme Court,
he role of an appellate court in reviewing general damages is not to decide what it considers to be an appropriate award, but rather to review the exercise of discretion by the trier of fact. Each case is different, and the adequacy or inadequacy of the award should be determined by the facts or circumstances particular to the case under consideration.
In Reck [v. Stevens, 373 So. 2d 498 (La. 1979)], this court disapproved the appellate court's simply reviewing the medi
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