Opinion
2021 CW 0894
03-17-2022
CHAD MCCLENDON AND TASHA MCCLENDON v. DEREK EDENS, GOVERNMENT EMPLOYEES INSURANCE COMPANY, U-HAUL COMPANY OF LOUISIANA, REP-WEST INSURANCE COMPANY, AREC 30, LLC AND ABC INSURANCE COMPANY
In Re: U-Haul Co. of Louisiana, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 694848.
BEFORE: GUIDRY, HOLDRIDGE, AND CHUTZ, JJ.
WRIT GRANTED. On de novo review, we conclude that no genuine issue of material fact exists as to whether Derek Edens was in the course and scope of his employment with defendant, U-Haul Company of Louisiana, at the time of the accident. The mere fact that an employee is "on call" does not automatically give rise to liability on the part of the employer. See Johnson v. C's Transportation Servs., LLC, 2020-0338 (La.App. 1st Cir. 8/4/21), 2021 WL 3418693(unpublished). There was no evidence that Derek Edens was on duty, responding to a call, or performing any work-related activity at the time of this accident. Accordingly, we grant the writ application, reverse the trial court's June 16, 2021 judgment, and render judgment herein in favor of U-Haul Company of Louisiana granting its motion for summary judgment and dismissing plaintiffs' claims against it.
JMG
GH
WRC