418 So.2d 713 (La.App. 1 Cir. 1982), 14842, Bearden v. Rucker

Docket Nº14842.
Citation418 So.2d 713
Party NameDerry L. BEARDEN, et al., v. Joseph RUCKER, et al.
Case DateJuly 28, 1982
CourtCourt of Appeal of Louisiana (US)

Page 713

418 So.2d 713 (La.App. 1 Cir. 1982)

Derry L. BEARDEN, et al.,

v.

Joseph RUCKER, et al.

No. 14842.

Court of Appeals of Louisiana, First Circuit.

July 28, 1982

Rehearing Denied Sept. 8, 1982.

Roy Maughan, Baton Rouge, for plaintiffs-appellants Derry Lynn Bearden, Individually and as Natural Tutrix of the Minor, Ricky Bearden, and Polly Christian.

John Dale Powers, David M. Vaughn, Baton Rouge, for defendants-appellees Joseph Rucker and Cavalier Ins. Co.

John Swanner, Baton Rouge, for defendant-appellee Gulf Ins. Co.

Henry D. Salassi, Jr., Jay G. McMains, and L. Michael Cooper, Baton Rouge, for defendant-appellee Fireman's Fund Ins. Co.

E. M. Harold, Jr., Rene J. Mouledoux, and Elliott G. Courtright, New Orleans, for defendant-appellee Exxon Corp.

Myron A. Walker, Jr., Baton Rouge, for defendant-appellee David M. Peters.

Page 714

Before LEAR, CARTER and LANIER, JJ.

LEAR, Judge.

Plaintiffs, Derry Lynn Bearden, her minor son, Ricky Bearden, and Polly Christian, were passengers in an automobile owned by Exxon and being driven by David Peters, an Exxon employee. Plaintiffs were injured when defendant Joseph Rucker (Rucker) failed to stop at a stop sign and flashing red light and struck the vehicle in which plaintiffs were riding. Also named as defendants were David Peters (Peters), Cavalier Insurance Company (Cavalier), which insured Rucker, Firemen's Fund Insurance Company (Firemen's), which insured Exxon and was also Peters' personal insurer, and Gulf Insurance Company (Gulf), as the uninsured motorist carrier on a policy of insurance issued to Lloyd Bearden, husband of Derry Lynn Bearden. After a trial on the merits, the trial court found that Rucker's negligence caused the accident and that Peters was not negligent nor a cause of the accident. The trial court further found that Peters was not acting within the course and scope of his employment with Exxon on the day of the accident. Judgment was rendered against Rucker, Cavalier, and Firemen's Fund, under the uninsured motorist portion of their policy, the automobile being driven by Peters being covered as a non-owned automobile. The trial court further found that plaintiffs were not covered under the uninsured motorist provisions contained in the Gulf policy issued to Lloyd Bearden. Damages were awarded to all three plaintiffs.

After judgment, a motion for a new trial was...

To continue reading

Request your trial
4 practice notes
  • 437 So.2d 1116 (La. 1983), 82-C-2506, Bearden v. Rucker
    • United States
    • Louisiana Supreme Court of Louisiana
    • 2 Septiembre 1983
    ...Rucker answered the appeal requesting a further reduction in the award because of his impecunious circumstances. The Court of Appeal, 418 So.2d 713, found no merit in any of the parties' contentions and affirmed the trial court judgment. 6 As earlier indicated, we granted plaintiffs' writ a......
  • 722 S.W.2d 655 (Mo.App. S.D. 1987), 14441, Countryside Cas. Co. v. McCormick
    • United States
    • Missouri Court of Appeal of Missouri (US)
    • 21 Enero 1987
    ...Corp. v. Bailey, 292 So.2d 67 (Fla.App.1974); Kemp v. State Farm Fire & Cas. Co., 442 So.2d 642 (La.App.1983); Bearden v. Rucker, 418 So.2d 713 (La.App.1982); Ursin v. Oubre, 343 So.2d 1189 (La.App.1977); Chapman v. Allstate Insurance Company, 306 So.2d 414 (La.App.1975); Pierce v. Aetn......
  • 203 So.3d 447 (La.App. 1 Cir. 2016), 2016 CA 0108, Trahan v. Trahan
    • United States
    • Louisiana Court of Appeal of Louisiana (US)
    • 16 Septiembre 2016
    ...court's determination of a litigant's ability to pay court costs is a factual determination); see also Bearden v. Rucker, 418 So.2d 713, 715 (La.App. 1 Cir. 1982), rev'd in part on other grds, 437 So.2d 1116 (La. 1983) (finding the question of an insured's ability t......
  • 422 So.2d 422 (La. 1982), 82-C-2506, Bearden v. Rucker
    • United States
    • Louisiana Supreme Court of Louisiana
    • 19 Noviembre 1982
    ...for writs of certiorari or review, to the Court of Appeal, First Circuit. Parish of East Baton Rouge. Nineteenth Judicial District Court. 418 So.2d 713. Writ granted....
4 cases
  • 437 So.2d 1116 (La. 1983), 82-C-2506, Bearden v. Rucker
    • United States
    • Louisiana Supreme Court of Louisiana
    • 2 Septiembre 1983
    ...Rucker answered the appeal requesting a further reduction in the award because of his impecunious circumstances. The Court of Appeal, 418 So.2d 713, found no merit in any of the parties' contentions and affirmed the trial court judgment. 6 As earlier indicated, we granted plaintiffs' writ a......
  • 722 S.W.2d 655 (Mo.App. S.D. 1987), 14441, Countryside Cas. Co. v. McCormick
    • United States
    • Missouri Court of Appeal of Missouri (US)
    • 21 Enero 1987
    ...Corp. v. Bailey, 292 So.2d 67 (Fla.App.1974); Kemp v. State Farm Fire & Cas. Co., 442 So.2d 642 (La.App.1983); Bearden v. Rucker, 418 So.2d 713 (La.App.1982); Ursin v. Oubre, 343 So.2d 1189 (La.App.1977); Chapman v. Allstate Insurance Company, 306 So.2d 414 (La.App.1975); Pierce v. Aetn......
  • 203 So.3d 447 (La.App. 1 Cir. 2016), 2016 CA 0108, Trahan v. Trahan
    • United States
    • Louisiana Court of Appeal of Louisiana (US)
    • 16 Septiembre 2016
    ...court's determination of a litigant's ability to pay court costs is a factual determination); see also Bearden v. Rucker, 418 So.2d 713, 715 (La.App. 1 Cir. 1982), rev'd in part on other grds, 437 So.2d 1116 (La. 1983) (finding the question of an insured's ability t......
  • 422 So.2d 422 (La. 1982), 82-C-2506, Bearden v. Rucker
    • United States
    • Louisiana Supreme Court of Louisiana
    • 19 Noviembre 1982
    ...for writs of certiorari or review, to the Court of Appeal, First Circuit. Parish of East Baton Rouge. Nineteenth Judicial District Court. 418 So.2d 713. Writ granted....