Chad McClendon and Tasha McClendon v. Derek Edens, Government Employees Insurance Company, U-Haul Company of Louisiana, Rep-West Insurance Company, AREC 30, LLC and ABC Insurance Company
Chad McClendon and Tasha McClendon v. Derek Edens, Government Employees Insurance Company, U-Haul Company of Louisiana, Rep-West Insurance Company, AREC 30, LLC and ABC Insurance Company, No. 2021CW0894 (La. Ct. App. 1st Cir. Mar. 17, 2022).
The holding in the court’s own words
On de novo review, we conclude that no genuine issue of material fact exists as to whether Derek Edens was in the course and scope of his employment with defendant, U- Haul Company of Louisiana, at the time of the accident.
Quoted verbatim from the opinion — no paraphrase, nothing generated. Not yet human-reviewed. How we find the holding.
Opinion text
STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
CHAD MCCLENDON AND TASHA NO. 2021 CW 0894
MCCLENDON
VERSUS
DEREK EDENS, GOVERNMENT
EMPLOYEES INSURANCE COMPANY,
U - HAUL COMPANY OF LOUISIANA,
REP - WEST INSURANCE COMPANY,
AREC 30, LLC AND ABC MARCH 17, 2022
INSURANCE COMPANY
In Re: U - Haul Co. of Louisiana, for
applying supervisory
writs, 19th Judicial District Court, Parish of East
Baton Rouge, No. 694848.
BEFORE: GUIDRY, HOLDRIDGE, AND CHUTZ, JJ.
WRIT GRANTED. On de novo review, we conclude that no
genuine issue of material fact exists as to whether Derek Edens
was in the course and scope of his employment with defendant, U-
Haul Company of Louisiana, at the time of the accident. The
mere fact that an employee is " on call" does not
automatically
give rise to liability on the part of the employer. See Johnson
v. C' s Transportation Servs., LLC, 2020- 0338 ( La. App. 1st Cir.
8/ 4/ 21), 2021 WL 3418693 ( unpublished) . There was no evidence
that Derek Edens was on
duty, responding to a call, or
performing any work- related
activity at the time of this
accident.
Accordingly, we grant the writ application, reverse
the trial court' s June 16, 2021 judgment, and render judgment
herein in favor of U - Haus Company of Louisiana granting its
motion for summary judgment and dismissing plaintiffs' claims
against it.
JMG
GH
WRC
COURT OF APPEAL, FIRST CIRCUIT
EPUTY CLE K F CO RT
FOR THE COURT