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Campbell v. Verrett10/30/2002
AFFIRMED.
This case arose out of a personal injury claim filed by Lillie Campbell. Ms. Campbell was injured while she was a passenger in an Ford F-250 truck driven by Hilton A. Verrett. At the time of the accident, the vehicle Mr. Verrett was driving was designated as a work automobile insured under the name of his employer, Josephine Scarbrough. Summary judgment was granted in favor of Ms. Scarbrough and the vehicle's insurer, Clarendon National Insurance Company, on the basis that Mr. Verrett was not in the course and scope of his employment nor had permission to use the vehicle at the time of the accident that caused Ms. Campbell's injuries. At this time, Mr. Verrett and Ms. Campbell appeal the trial court's judgment granting summary judgment in favor of Clarendon National Insurance Company.
FACTS AND PROCEDURAL BACKGROUND
On August 1, 1999, The plaintiff Lillie Campbell was injured in an automobile accident while she was a passenger in a vehicle driven by Hilton A. Verrett, Jr. On the evening of the accident, Mr. Verrett was driving a Ford F-250 truck, owned by his employer, Defendant Josephine Scarbrough. Mr. Verrett was employed by Ms. Scarbrough as a delivery person for her nursery. Subsequent to his employment, Mr. Verrett used two vehicles insured by Ms. Scarbrough. One is the Ford F-250 at issue in this case and one is a smaller Nissan pick-up truck. Mr. Verrett owned a set of keys to each vehicle. He was to use the Ford F-250 for employment purposes only, but was allowed to use the Nissan truck for personal use.
On the afternoon of August 1, 1999, Mr. Verrett used the Ford truck to make a delivery to Dallas. That evening, Ms. Scarbrough took the Nissan truck that Mr. Verrett usually used for personal errands home with her. Subsequently, Mr. Verrett was left with the Ford Truck which he took home that evening. Later that evening, long after the end of the work day, he accompanied Ms. Campbell to a party. Even though Mr. Verrett did not obtain permission from Ms. Scarbrough, he took her in Ms. Scarbrough's Ford truck because Ms. Scarbrough had taken the Nissan truck and also because Ms. Campbell had a prosthetic leg and would be more comfortable in a larger truck.
Apparently, on the way home from the party, the vehicle suffered a blowout after Mr. Verrett struck the curb of a bridge in Evangeline Parish. Subsequently, Ms. Campbell instituted an action for damages against Mr. Verrett for negligence and against Ms. Scarbrough and her insurer Clarendon Insurance Co. (hereinafter "Clarendon") under a theory of "respondent superior" alleging that Mr. Verrett was in the course and scope of his employment with Ms. Scarbrough at the time of the accident.
On November 19, 2001, Ms. Scarbrough and her insurance company, Clarendon filed a Motion for Summary Judgment denying that Mr. Verrett was in the course and scope of his employment at the time of the incident and also denying that Mr. Verrett obtained permission to use the vehicle on the night of the incident. The motion was set for oral argument on January 8, 2002. The trial court ruled that there was no genuine issue of material fact on the issue of course and scope or permissive use, and subsequently granted Defendants' Motion for Summary Judgment on January 28, 2002. The claims against Ms. Scarbrough and Clarendon were dismissed with prejudice. Plaintiff then filed a Motion for New Trial which was subsequently denied on April 8, 2002, by the trial court. Both Ms. Campbell and Mr. Verrett have appealed the trial court's summary judgment in favor of Ms. Scarbrough and Clarendon.
LAW AND ANALYSIS
ASSIGNMENTS OF ERROR
On appeal, Defendant Hilt
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