Callaghan v. State Farm Insurance Co.
Callaghan v. State Farm Insurance Co.
Opinion of the Court
Plaintiff/Appellant Clay Callaghan appeals the summary judgment which dismissed his claim against defendant State Farm Mutual Automobile Insurance Company. Callaghan alleges that the trial court erred in finding that no issues of genuine material existed. For the following reasons, we reverse.
On October 29, 1997, Plaintiff/Appellant, Clay Callaghan, (“Callaghan”), was involved in an automobile accident in Metair-ie, Louisiana, wherein the rear of his vehicle was struck by another car after coming to an abrupt stop in traffic. Callaghan claimed to have sustained a range of injuries as a result of the impact, including aggravation of a pre-existing back condition caused in a September 1997, auto accident. At the time of the collision, the other driver, Eileen Weidemann, had a liability insurance policy in place, underwritten by State Farm Mutual Automobile Insurance Company, (“State Farm”), which provided coverage of $50,000.00 per person and $100,000.00 per accident. Callaghan, himself, also had a policy in place | .underwritten by State Farm which included $10,000.00 of uninsured motorist coverage.
Callaghan did not file suit against Weid-emann, having retained counsel after prescription had expired on that particular claim. On October 28, 1999, Callaghan filed suit against State Farm in First Par
State Farm filed a Motion for Summary Judgment on June 22, 2000, asserting that as an Uninsured Motorist Carrier, it was entitled only to pay the portion of Callaghan’s damages which exceeded the under insured tortfeasor’s policy of $50,000.00. State Farm further asserted that the value of Callaghan’s injuries did not exceed the $50,000.00 threshold. On September 25, 2000, Judge Ad Hoc, Walter Collin, granted State Farm’s Motion for Summary Judgment. Callaghan timely filed his Motion for Appeal, which was granted on November 15, 2000.
Law and Analysis
On appeal, Callaghan asserts that the trial court acted erroneously in granting State Farm’s Motion for Summary Judgment and finding that no issues of material fact existed. Callaghan further argues that the trial court abused its discretion in three ways by granting the Summary Judgment: 1) By finding that he could not have proven that the value of his injuries exceeded $50,000.00; 2) By determining that by virtue of the fact that Callaghan filed his claim in a court of limited jurisdiction, that he was admitting that his claim was not worth more than the jurisdictional limit of $20,000.00; and 3) By not allowing his case to transfer to the 24th Judicial District Court. State Farm responds that Summary Judgement was properly granted since it was established that there was a valid underlying liability policy in effect at the time of the accident, which provides credit to State Farm for [¿the first $50,000.00 of Callaghan’s damages before the UM coverage becomes effective. State Farm further argues, as it did at trial, that Callaghan’s petition does not allege any type of injury which would exceed the $50,000.00 threshold.
While Callaghan alleges that the trial court erred in failing to find issues of material fact regarding the value of his injuries, it is necessary that the prerequisite issue of the jurisdictional limit of his claim first be addressed. Although no written reasons were given by the trial court for judgment, it appears from the record that a central issue considered was whether or not Callaghan’s claim for the $10,000.00 UM policy exceeded the jurisdictional limit of First Parish Court, which is $20,000.00.
In Benoit v. Allstate Insurance Company,
We now turn to Callaghan’s assertion that summary judgment was improperly granted because of a genuine issue of material fact regarding quantum of his injuries. Appellate courts review summary judgments de novo under the same criteria that govern the district court’s consideration of whether summary judgment is appropriate.
In Azreme, Corp. v. Esquire Title Corp.,
In summary, we conclude that Callaghan’s claim did not exceed the amount in controversy limits of First Parish Court. We further conclude that a genuine issue of material fact exists regarding the value of Callaghan’s alleged injuries, which precluded the granting of summary judgment in favor of State Farm. For the above |7stated reasons, the judgment of the trial court must be reversed.
REVERSED.
. La. C.C.P. Art 4842(A).
. 99-C-889 (La.App. 5 Cir. 2000), 751 So.2d 423; Writ granted, 759 So.2d 768 (La.4/20/2000);
. Benoit v. Allstate Insurance Company, 99-C-889 (La.App. 5 Cir. 2000), 751 So.2d at 425.
. Bua v. Dressel, 96-79 (La.App. 5th Cir.5/28/96), 675 So.2d 1191; writ denied, 96-1598 (La.9/27/96), 679 So.2d 1348; citing Reynolds v. Select Properties, Ltd., 93-1480 (La.4/11/94), 634 So.2d 1180.
. Tassin v. City of Westwego, 95-307 (La.App. 5th Cir. 12/13/95), 665 So.2d 1272.
. Rowley v. Loupe, 96-918 (La.App. 5th Cir.4/9/97), 694 So.2d 1006.
. Id. at 1008.
. Hooper v. State Farm Mut. Auto. Ins. Co., 00-1509 (La.App. 5 Cir. 1/23/01), 782 So.2d 1029, 1031.
. 98-1179 (La.App. 5 Cir. 3/30/99), 731 So.2d 422.
. Id. at 425.
Reference
- Full Case Name
- Clay CALLAGHAN v. STATE FARM INSURANCE COMPANY
- Cited By
- 1 case
- Status
- Published