S.E. FID. INS. v. INS. CO. OF NO. AM

Full title: SOUTHEASTERN FIDELITY INSURANCE COMPANY, PLAINTIFF-APPELLANTS, v…

Court: Court of Appeal of Louisiana, Third Circuit

Date published: Mar 29, 1978

356 So. 2d 549 (La. Ct. App. 1978)

Opinion

No. 6253.

February 6, 1978. Rehearing Denied March 29, 1978.

Appeal from 13th Judicial District Court, Parish of Evangeline; Joseph A. LaHaye, Judge.

Guillory, McGee Mayeux by Robert K. Guillory, Eunice, for plaintiff-appellant-appellee, Theotis F. LeJeune.

C. Brent Coreil, Ville Platte, for defendant-appellant-appellee, Danny Glenn Lafleur.

Brame, Bergstedt Brame, Joe A. Brame, Lake Charles, for defendant-appellant, Zurich Ins. Co.

Davidson, Meaux, Sonnier Roy, Edward O. Taulbee, IV, Lafayette, for defendants-appellees-appellants, Randall Molitar, et al.

Raggio, Farrar, Cappel Chozen by Stephen A. Berniard, Jr., Lake Charles, for defendant-appellant, Danny G. Lafleur.

Young Burson by Joe Ortego, Eunice, for plaintiff-appellee, Ivy Fruge Molitor.

Fusilier, Pucheu Soileau by L. O. Fusilier, Ville Platte, for plaintiff-appellant-appellee.

John Larry Vidrine, Ville Platte, for defendant-appellee-appellant.

Jack C. Fruge, Ville Platte, for defendants-appellees, Willie Smith and Dixie Auto. Ins. Co.

Lewis Lewis, James T. Guglielmo, Opelousas, for defendant-appellee.

Voorhies Labbe, Patrick A. Juneau, Jr., Lafayette, for defendant-appellee, Western World Ins. Co.

Calvin E. Hardin, Jr., Baton Rouge, for defendant-appellee, Ins. Co. of North America.

Allen, Gooch Bourgeois, Ltd., Arthur I. Robison and Michael Harson, Lafayette, for intervenor-appellant, Insurance Co. of La.

Before CULPEPPER, DOMENGEAUX and JOHNSON, JJ.

JOHNSON, Judge.

This is an appeal from a companion case consolidated for trial with LeJeune v. Allstate Insurance Company, 356 So.2d 537, our Docket # 6252, decided this date.

This is a suit for property damages by Southeastern Fidelity Insurance Company, the collision carrier of the automobile owned by Ivy Molitor. As the evidence reveals, Randy Molitor, who has heretofore been held negligent in the causing of the damages, losses and injuries herein, was over the age of eighteen years at the time of this accident. The evidence also shows that he had borrowed this car to run some errands of his own. The Court has already held herein that his mother, with whom he resides, Ivy Molitor, was not responsible for the negligence of Randy Molitor. Under these circumstances, she is entitled to recover from Danny Glenn Lafleur, the driver of the other vehicle who was also held to be negligent herein. Ivy Molitor is also entitled to recover under the doctrine of respondeat superior from the corporation, Ardoin's of Mamou, Inc. and from the automobile liability insurer of the hearse Lafleur was driving, Insurance Company of North America.

For the above and foregoing reasons, and for the reasons assigned in the LeJeune v. Allstate Insurance Company case, 356 So.2d 537, our Docket No. 2652, the judgment of the trial court is affirmed at appellants' costs.

AFFIRMED.