Under the LeBrane test, the determinative question is whether the employee's tortious conduct was so closely connected in time, place and causation to his employment duties as to be regarded as a risk of harm fairly attributable to the employer's business, as compared with conduct motivated by purely personal considerations entirely extraneous to the employer's interest. Richard v.Hall, 20031488, p. 8 (La. 4/23/04), 874 So.2d 131, 139. In a negligence case, as distinguished from an intentional tort case, the court need only determine whether the servant's general activities at the time of the tort were within the scope of employment.

Because it is the applicable substantive law that determines materiality, whether a particular fact in dispute is “material” for summary judgment purposes can be seen only in light of the substantive law applicable to the case. Richard v. Hall, 03–1488, p. 5 (La.4/23/04), 874 So.2d 131, 137 (citations omitted). Immunity

Simultaneously, Louisiana courts also consistently recognize that the enactment of and amendments to La. R.S. 9:2795 evidence the Legislature's intent to grant broad immunity from liability. Richard v. Hall, 2003-1488 (La. 4/23/04), 874 So.2d 131, 151. When examining a law, language, words, and phrases are to be read in their context and are to be accorded their generally prevailing meaning.

The legislature passed these two remarkably similar statutes designed to encourage landowners to open their lands, on a basically nonprofit basis for recreation. Richard v. Hall, 2003-1488 (La. 4/23/04), 874 So.2d 131, 147-48. This court analyzed these two statutes in Fournerat v. Farm Bureau Ins. Co., 2011-1344 (La. App. 1 Cir. 9/21/12), 104 So.3d 76, 81, writ denied , 2012-2148 (La. 11/21/12), 102 So.3d 59, and determined that if there is a conflict between the statutes, the later enacted one, La. R.S. 9:2795, controls.

Timmons v. Silman, 99-3264, p. 4 (La.5/16/00), 761 So.2d 507, 510. The proper test in determining an employer's vicarious liability thus consists of two elements: (1) course of employment, which refers to time and place; and (2) scope of employment, which examines the employment-related risk of injury. Richard v. Hall, 03-1488, pp. 5-6 (La.4/23/04), 874 So.2d 131, 138. An employee is acting within the course and scope of his employment when the employee's action is of the kind that he is employed to perform, occurs substantially within the authorized limits of time and space, and is activated at least in part by a purpose to serve his employer.

The right of ownership, which according to traditional civilian doctrine includes the elements of usus, fructus, and abusus, may lawfully be dismembered in a variety of ways by the intent of the owner or by operation of law. Richard v. Hall, 03–1488 (La.4/23/04), 874 So.2d 131, 144 (citing Exposé des Motifs, Title III: Personal Servitudes, La. Civ.Code Ann. (West 1980)). See also A.N. Yiannopoulos, 4 La. Civ. L. Treatise, Predial Servitudes § 1:1 (4th ed.2014).

The appellate courts review summary judgments de novo, using the same criteria which the trial court uses to determine if summary judgment is appropriate. Richard v. Hall, 03–1488 (La.4/23/04), 874 So.2d 131. A party is entitled to summary judgment if “the pleadings, depositions, answers to interrogatories, and admissions, together with the affidavits, if any, admitted for purposes of the motion for summary judgment, show that there is no genuine issue as to material fact, and that mover is entitled to judgment as a matter of law.” La.Code Civ.P. art. 966(B)(2).

Except for some stylistic differences, minor changes in phraseology, and enactment eleven years apart, both acts essentially accomplish the same purpose. In separate years, the Legislature passed these two remarkably similar statutes designed to encourage landowners to open their lands, on a basically nonprofit basis for recreational use. Richard v. Hall, 2003–1488, pp. 21–22 (La.4/23/04), 874 So.2d 131, 147. The RUS are in derogation of common or natural right and, therefore, are to be strictly interpreted, and must not be extended beyond their obvious meaning.

The Supreme Court granted writs in Van Pelt Therefore, we do not consider Van Pelt controlling. Rather, we conclude that the more recent Supreme Court case of Richard v. Hall, 03-1488 (La./23/04), 874 So.2d 131 is controlling. Additionally, the Van Pelt, court did not hold that an organization must be a nonprofit organization to benefit from the immunity statute.

) See also 3 A.N. Yiannopoulos, Louisiana Civil Law Treatise: Personal Servitudes, § 8:3. The supreme court, in Richard v. Hall, 03–1488 (La.4/23/04), 874 So.2d 131, considered whether a hunting lease constituted a right of use. Referencing Book II, Title III of the Civil Code and the attendant Exposé des Motifs, the court identified the three permissible dismemberments of ownership: usufruct, use and habitation.