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Wade v. Autoland5/26/2000
reverse the trial court's judgment against the insurer, American Equity.
In Louisiana, owners of motor vehicles are ordinarily not personally liable for damages which occur while another is operating the vehicle. Courts have recognized exceptions to this rule, including situations when the driver is an agent or employee of the owner, or when the owner negligently entrusts the vehicle to an incompetent driver. Mercadel v. Tran, 92-0798 (La. App. 4th Cir. 3/29/94), 635 So.2d 438. Based upon the evidence presented, neither of these exceptions are applicable in the present case.
Consequently, there is no basis for holding Autoland liable for any of the damages caused in the automobile accident. Thus, the trial court's judgment against Autoland must be reversed and the plaintiffs' claims are dismissed. In reaching this conclusion, we pretermit a discussion of the defendants' remaining assignment of error concerning the issue of damages.
CONCLUSION
For the foregoing reasons, the trial court's judgment is reversed. Judgment is hereby rendered in favor of the defendants, Autoland, Inc. and American Equity Insurance Company, and plaintiffs' claims are dismissed. Costs of this appeal are assessed to the appellees, Jay Wade, Kristy Wade, Mary Taylor on behalf of her minor daughter, Jewell Taylor, and State Farm Mutual Automobile Insurance Company.
REVERSED AND RENDERED.
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