MILLAUD v. TRAVELERS INSURANCE COMPANY LLC III (2026)

This case arises from an automobile accident in which a vehicle driven by David Millaud was rear-ended by a vehicle driven by Pernell Keelen and owned by American News Company, LLC (“American News”). At the time of the accident, Mr. Keelen was employed as a delivery driver by American News and operated out of its Harahan Depot.

Thereafter, Mr. Millaud and his wife filed suit against several parties, including American News and its insurer, National Fire & Marine Insurance Co. (collectively referred to hereinafter as “relators”). Plaintiffs alleged relators are vicariously liable for Mr. Keelen's negligence.

After discovery, relators filed a motion for summary judgment, arguing Mr. Keelen was not in the course and scope of his employment at the time of the accident. In support, they submitted evidence showing that Mr. Keelen was not paid for any work on the date of the accident, that no deliveries were made from the Harahan Depot on Tuesdays (the day of the week the accident occurred), and delivery drivers were not permitted to use vehicles for personal errands.

Plaintiffs filed an opposition to the motion for summary judgment. Upon relators’ motion, the court struck this opposition as untimely.

After a hearing, the district court denied relators’ motion for summary judgment. The court found because American News owned the vehicle that Mr. Keelen was driving at the time of the accident, there was a presumption that he was within the course and scope of his employment.

Relators sought supervisory relief. The court of appeal denied the writ without comment.

Upon relators’ application, we ordered additional briefing under La. Code Civ. P. art. 966(H).¹

DISCUSSION

As found by the district court, our jurisprudence recognizes a “presumption that an employee who is involved in an accident while operating his employer's vehicle is within the course and scope of his employment.” Moran v. Canal Indem. Ins. Co., 387 So. 2d 1243, 1244. However, this presumption is rebuttable. Cofield v. Burgdorf, 238 La. 297, 301, 115 So. 2d 357, 358 (1959).

In the instant case, it is undisputed that Mr. Keelen was driving an American News vehicle at the time of the accident. However, relators rebutted this presumption by supporting their motion for summary judgment with evidence showing that Mr. Keelen was not paid for any work on the date of the accident, that no deliveries were made from the Harahan Depot on Tuesdays, and that delivery drivers were not permitted to use vehicles for personal errands.

When a motion for summary judgment is made and supported, an adverse party may not rest on the mere allegations or denials of his pleadings, but his response, by affidavits or otherwise, must set forth specific facts showing that there is a genuine issue for trial. La. Code Civ. P. art. 967(B); Longo v. 700B8, LLC, 2024-01262 (La. 2/19/25), 400 So. 3d 913, 915.

Once a motion for summary judgment has been properly supported by the moving party, the failure of the non-moving party to produce evidence of a material factual dispute mandates the granting of the motion. Dauzat v. Curnest Guillot Logging Inc., 2008-0528 (La. 12/2/08), 995 So. 2d 1184, 1187 (citing Babin v. Winn–Dixie Louisiana, Inc., 2000-0078 (La. 6/30/00), 764 So. 2d 37, 40). Plaintiffs did not file a timely opposition to relators’ motion for summary judgment and therefore failed to satisfy their burden.

Accordingly, we find the district court erred in denying relators’ motion for summary judgment.

DECREE

For the reasons assigned, the writ is granted and made peremptory. The judgment of the district court is reversed, and the motion for summary judgment filed by American News Company, LLC and National Fire & Marine Insurance Co. is granted. The case is remanded to the district court for further proceedings.

FOOTNOTES

1.   Relators and plaintiffs filed separate motions for oral argument. We find oral argument would not be helpful to the court in this case and therefore deny the motions.

PER CURIAM

Weimer, C.J., dissents and would deny. Hughes, J., dissents and would deny. Griffin, J., dissents and would deny.