Opinion
NO. 2015 CW 0687
08-21-2015
ANGELA GOODEN v. PAUL BARRON, III, STEPHANIE HULETT, ELECTRIC INSURANCE COMPANY, NBC UNIVERSAL, BATTLESHIP DELTA PRODUCTIONS, LLC AND THE HERTZ CORPORATION
In Re: Battleship Delta Productions, LLC, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 606441. BEFORE: McDONALD, McCLENDON AND THERIOT, JJ. WRIT GRANTED IN PART, DENIED IN PART. The ruling of the district court dated March 30, 2015, which denied Battleship Delta Productions, LLC's motion for summary judgment, is reversed in part. Plaintiff Angela Gooden has failed to produce factual support sufficient to establish that she will be able to satisfy her evidentiary burden of proof at trial with respect to her claim that Battleship negligently entrusted the defendant driver with the use of its vehicle. See Stokes v. Stewart, 99-0878 (La. App. 1 Cir. 12/22/00), 774 So.2d 1215. Additionally, we find that La. Civ. Code art. 2315.4, as a matter of law, does not allow for the imposition of exemplary damages against a vicariously liable employer of an intoxicated driver. See Darby v. Sentry Insurance Automobile Mutual Co., 2007-0407 (La. App. 1 Cir. 3/23/07), 960 So.2d 226 (per curiam), writ denied, 2007-0638 (La. 3/28/07), 953 So.2d 59. Accordingly, we grant defendant's motion for summary judgment with respect to plaintiff's claim of negligent entrustment against Battleship and with respect to her claim against Battleship for punitive damages under La. Civ. Code art. 2315.4. The writ is denied in all other respects.
PMc
MRT
JMM
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT