Speidel v. Kellum, Nos. 23138
| Court | Court of Appeal of Missouri (US) |
| Writing for the Court | BROADDUS |
| Citation | 340 S.W.2d 200 |
| Parties | Vernon SPEIDEL, Appellant, v. Robert KELLUM, a Minor, by his Guardian ad litem, M. C. Kellum, Defendant, and Northwestern Mutual Insurance Company, Garnishee-Respondent. Annette SPEIDEL, a Minor by her Next Friend, Vernon Speidel, Plaintiff-Appellant, v. Robert KELLUM, a Minor, by his Guardian ad litem, M. C. Kellum, Defendant, and Northwestern Mutual Insurance Company, Garnishee-Respondent. |
| Decision Date | 03 October 1960 |
| Docket Number | 23139,Nos. 23138 |
Page 200
v.
Robert KELLUM, a Minor, by his Guardian ad litem, M. C.
Kellum, Defendant, and Northwestern Mutual
Insurance Company, Garnishee-Respondent.
Annette SPEIDEL, a Minor by her Next Friend, Vernon Speidel,
Plaintiff-Appellant,
v.
Robert KELLUM, a Minor, by his Guardian ad litem, M. C.
Kellum, Defendant, and Northwestern Mutual
Insurance Company, Garnishee-Respondent.
Page 201
Alan B. Slayton, Rufus Burrus, Independence, for appellants.
Shughart, Thomson, Stark & Kilroy, Harry P. Thomson, Jr., Donald L. Shughart, Kansas City, for respondent.
BROADDUS, Judge.
The instant action is a garnishment proceeding in aid of executions issued upon separate judgments. One judgment in the amount of $5,000 was in favor of the plaintiff, Vernon Speidel, the other in the amount of $2,500 in favor of the other plaintiff, Annette Speidel. These judgments were for personal injuries sustained by plaintiffs as a result of a collision between the automobile in which they were riding and one driven by the defendant Robert Kellum. At the close of all the evidence the court directed a verdict for the garnishee, Northwestern Mutual Insurance Company. Plaintiffs have appealed.
The only issue involved on this appeal is whether a liability policy of insurance issued by the garnishee, Northwestern Mutual Insurance Company, to one Louis D. Ramsey, the named insured, afforded coverage by the terms of said policy to defendant Robert Kellum at the time he was involved in the automobile collision with the plaintiffs.
The evidence was that the defendant Kellum was working in a grocery store managed by Louis D. Ramsey and located at 40th & Wayne in Kansas City, Missouri. Ramsey was the owner of a Buick automobile which was operated by Kellum at the time it was involved in the collision with the plaintiffs on September 13, 1957. Ramsey had taken his car to a garage located at 9th & Prospect several days prior to the accident, and while his car was being repaired, the garageman loaned him a Cadillac automobile to drive to and from work. On the day before the accident, Mr. Ramsey directed defendant, Kellum, to take the loaned vehicle back to the garage at 9th & Prospect and pick up his vehicle. The Ramsey car was not ready so defendant, Kellum, returned to the store in the loaned Cadillac. The evidence further showed that Kellum had driven Ramsey's car on one occasion to make a delivery from the store. This was before Kellum was, in fact, employed at the store.
The evidence of both defendant Kellum and Ramsey was that at about 2:30 p. m. on the day of the accident Kellum was directed to go down to the garage and bring Ramsey's car back to the store and to hurry back because it was Friday, their busy day. When Kellum arrived at the garage at about 3:00 p. m. he called Ramsey telling him the car would not be ready for about 20 minutes, and about 20 minutes after that the garage owner called Ramsey and told him the car would be ready about 4:00 p....
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Truck Ins. Exchange v. Hunt, No. 10566
...those cases which have expressly considered the choice, the courts of Missouri have followed the minor deviation rule. Speidel v. Kellum, 340 S.W.2d 200 (Mo.App.1960); Farmers Mutual Automobile Insurance Co. v. Noel, 211 F.Supp. 216 Under the minor deviation rule it is said "if the use made......
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Kemp v. MFA Mut. Ins. Co., No. 25165
...evening and the accident happened about 1:00 p.m. The other authority relied upon by appellant is the case of Speidel v. Kellum, Mo.App., 340 S.W.2d 200, decided by this court in 1960. In this case the operator of the vehicle was an employee of a grocery store. The manager sent the employee......
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Owens v. United States, Case No. 4:18-CV-01721-NCC
...an employer-owned vehicle outside of authorize parameters may be sufficient to rebut the scope of the presumption. See Speidel v. Kellum, 340 S.W.2d 200, 203 (Mo. App. 1960) (finding employee outside the scope of his employment in part because he was not given permission to use the vehicle ......
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Farmers Mutual Automobile Insurance Co. v. Noel, No. 1093.
...other person using such motor vehicle with the express or implied permission of such named insured." In the case of Speidel v. Kellum, 340 S.W.2d 200, Judge Broaddus, speaking for the Court of Appeals, had this to say after quoting the three rules of "We are of the opinion it should be the ......
-
Truck Ins. Exchange v. Hunt, No. 10566
...those cases which have expressly considered the choice, the courts of Missouri have followed the minor deviation rule. Speidel v. Kellum, 340 S.W.2d 200 (Mo.App.1960); Farmers Mutual Automobile Insurance Co. v. Noel, 211 F.Supp. 216 Under the minor deviation rule it is said "if the use made......
-
Kemp v. MFA Mut. Ins. Co., No. 25165
...evening and the accident happened about 1:00 p.m. The other authority relied upon by appellant is the case of Speidel v. Kellum, Mo.App., 340 S.W.2d 200, decided by this court in 1960. In this case the operator of the vehicle was an employee of a grocery store. The manager sent the employee......
-
Owens v. United States, Case No. 4:18-CV-01721-NCC
...an employer-owned vehicle outside of authorize parameters may be sufficient to rebut the scope of the presumption. See Speidel v. Kellum, 340 S.W.2d 200, 203 (Mo. App. 1960) (finding employee outside the scope of his employment in part because he was not given permission to use the vehicle ......
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Farmers Mutual Automobile Insurance Co. v. Noel, No. 1093.
...other person using such motor vehicle with the express or implied permission of such named insured." In the case of Speidel v. Kellum, 340 S.W.2d 200, Judge Broaddus, speaking for the Court of Appeals, had this to say after quoting the three rules of "We are of the opinion it should be the ......