Westbrook v. Lamantia
Supreme Court of Louisiana
Westbrook v. Lamantia, 862 So. 2d 971 (La. 2004)
2004 La. LEXIS 22; 2004 WL 96784
Deny, Kimball, Knoll, Writ
Westbrook v. Lamantia
Opinion of the Court
In re Cincinnati Insurance Co.; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. A, Nos. 561-336, 561-917; to the Court of Appeal, Fifth Circuit, No. 03-C-913.
Granted. There are genuine issues of material fact as to whether Mr. Lamantia’s use of the vehicle was within the scope of the employer’s permission. These issues must be determined by the trier of fact after a trial. Accordingly, the trial court’s grant of summary judgment is reversed and the case is remanded for further proceedings.
Reference
- Full Case Name
- Norma WESTBROOK v. Lance LAMANTIA, Allstate Insurance Company and Cincinnati Insurance Company
- Status
- Published