Ronnie E. Jarvis VS Foremost Express Insurance Agency Inc., Marcelles A. Taylor, Felton Keyes, Jr., Kent & Smith Holdings, LLC, and ABC Insurance Company
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STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT RONNIE NO. JARVIS E. 2019 CW PAGE 1 1599 OF 2) VERSUS FOREMOST EXPRESS FELTON TAYLOR, SMITH KENT & AND In ABC INSURANCE MARCELLES INC., AGENCY, KEYES, Smith Insurance filed American Smith produce a a establish Keyes L. L. C., to Plaintiff' s the the and L. L. C. control right to that M. the Taylor the and insufficient are tractor such as existence the are not to the for the evidence no that liable Smith L. L. C., actions. which provisions Smith Kent & herein, used control Holdings, his for to Smith Kent & necessary between Trucking, the more failed L. L. C. Kent & contract or regard is fact of Company, defendants With exercise employee vicariously Keyes of an Kent & one establish there material of Keyes arguments services such had render therefore, and Holdings, issue genuine Zurich and plaintiff Holdings, Keyes"), Jr. (" for and law. Smith judgment Insurance that or of matter a to fact Kent & of Keyes, L. L. C. Holdings, as claims, s November s summary support sufficient material judgment Felton of plaintiff' of liability vicarious over issue to entitled acts to support JJ. Defendants, American factual of court' L. L. C. Holdings, reversed. Zurich and absence factual genuine Baton East of WOLFE, for motion Smith is Company, essential elements of Kent & the AND trial the of denied L. L. C. the out HOLDRIDGE WELCH, portion which Insurance Holdings, pointed to The defendants, by writs, supervisory Parish Court, District McDONALD, judgment 2019 applying American Zurich and for 669602. GRANTED. WRIT 19, Company, No. GUIDRY, LLC Holding, Judicial Rouge, BEFORE: 202 7, COMPANY Kent & 19th OCTOBER LLC, HOLDINGS, INSURANCE Re: A. JR., provided evidenced directed were only to incidental details of the purpose of contract and do not the constitute that liable of action for failure the a the good As LLC safe equipped with repair of is and good properly the to Holdings, in to Robinson C. H. 2008). Va. state safe relationship v. vehicle vehicle and the Jones Smith Kent & that maintain keep to in tires and convert e. g. 630 ( W. D. F. Supp. 2d to to See, asserting failure condition, brakes 558 Inc., Worldwide, causes necessary control employer- employee. of and in allowing Keyes to operate the vehicle with the knowledge that he was not suitable a factual support genuine issue entitled to for summary Ronnie L. L. C. E. and person to sufficient of material judgment judgment Jarvis, as is a do to establish fact matter Zurich American law. and defendants, Insurance prejudice. JMG imm JEW EW failed the Accordingly, the to claims Kent & Company, produce of existence defendants that or of granted, against plaintiff so, of Smith are are the a not motion plaintiff, Holdings, dismissed with STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT NO. Holdridge, COURT OF APPEAL, J., 2019 CW PAGE 2 1599 OF 2) dissents and would deny the writ. FIRST CIRCUIT D W DEPU' T' Y FOR CLERK THE OF COURT COURT
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