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1999-C-1046
State: Louisiana
Court: Supreme Court
Docket No: 1999-C-1046
Case Date: 01/01/2000
Preview:SUPREME COURT OF LOUISIANA
No. 99-C-1046 c/w No. 99-C-1188 LINDA L. JOSEPH AND ANDREW J. JOSEPH Versus JUDITH W. DICKERSON, CHRISTINA A. DICKERSON AND MIDLAND RISK INSURANCE COMPANY ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FOURTH CIRCUIT, FIRST CITY COURT FOR THE PARISH OF ORLEANS CALOGERO, Chief Justice* This case arises out of an automobile collision between a car owned by plaintiff Linda Joseph, driven by her son, plaintiff Andrew Joseph, and a car owned by defendant Judith Dickerson, driven by her daughter, defendant Christina Dickerson. At the time of the accident, Christina was nineteen years old and lived with her mother and baby in New Orleans. The vehicles collided at the intersection of North Miro Street and A.P. Tureaud Avenue in New Orleans. We granted writs in this case to determine whether the court of appeal was correct in finding Judith liable because she loaned or entrusted her car to her daughter, Christina, whose negligence caused the accident, knowing that Christina was an excluded driver under a policy Judith had procured from Midland Risk Insurance Company. This case presents three significant issues. First, we must determine whether the court of appeal was correct in finding Judith negligent for entrusting her vehicle to Christina, a competent, but policy-excluded, driver. As is indicated hereinafter, we hold that the court of appeal incorrectly found Judith liable for lending her car to an otherwise competent driver known by Judith to be excluded from coverage under her liability policy. A person who loans or entrusts an automobile to another can be found

*

Kimball, J., not on panel. See Rule IV, Part 2,
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