Jimmy Westley v. Abraham Nunez-Rodriquez & M&W Farms Inc. ( 2023 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
JIMMY WESTLEY NO. 2022 CW 0885
VERSUS
ABRAHAM NUNEZ-RODRIQUEZ & M January 12, 2023
& W FARMS INC. ET AL
In Re: Louisiana Farm Bureau Casualty Insurance Company,
applying for supervisory writs, 18th Judicial District
Court, Parish of Iberville, No. 79466.
BEFORE: WELCH, PENZATO, AND LANIER, JJ.
WRIT GRANTED. We reverse the trial court's June 2 8, 2 022
judgment denying the motion for summary judgment filed by
defendant, Louisiana Farm Bureau Casualty Insurance Company. We
find that no genuine issue of material fact exists insofar as we
find that defendant, Louisiana Farm Bureau Casualty Insurance
Company, has demonstrated an absence of factual support for one
or more elements essential to the adverse party's claim. We
find that defendant, Abraham Nunez-Rodriquez, did not have
permission to drive the vehicle in question, owned by M & W
Farms, Inc., for the personal errand he was running at the time
of the accident because he was not an H-2A worker, and
therefore, did not qualify for his employer's exception that
allowed use of the farm truck for certain personal errands,
based on Abraham Nunez-Rodriquez's own admissions in his
deposition testimony and the deposition testimony of his
employer, M & W Farms, Inc. through Ryan Messina. See Aycock v.
Jenkins Tile Co., 96-2348 (La. App. 1st Cir. 11/7/97), 703 So.2d
117, 122, writ denied, 97-3056 (La. 2/13/98), 709 So.2d 753.
Therefore, coverage under the policy issued by Louisiana Farm
Bureau Casualty Insurance Company does not apply to Abraham
Nunez-Rodriquez because without the express or implied
permission of M & W Farms, Inc. to drive the vehicle, he did not
qualify as an "insured" under the terms of the policy.
Accordingly, we grant the motion for summary judgment filed by
defendant, Louisiana Farm Bureau Casualty Insurance Company, and
dismiss the claims of plaintiff, Jimmy Westley, and cross
claimants, Acadian Ambulance Service, Inc. and Travelers
Property Casualty Company of America, against Louisiana Farm
Bureau Casualty Insurance Company.
JEW
AHP
WIL
COURT OF APPEAL, FIRST CIRCUIT
DEPUTY CLERK OF COURT
FOR THE COURT