MARK BARRON ON BEHALF OF MINORS, COBY BRIAN BARRON AND CAMERON BLAKE PAGE BARRON, Plaintiff-Appellee
SAFEWAY INSURANCE COMPANY OF LOUISIANA, Defendant-Appellant; TANJA PARKER, INDIVIDUALLY AND AS NATURAL TUTRIX FOR THE MINOR, TYLER NICHOLAS PARKER, Plaintiff-Appellee
SAFEWAY INSURANCE COMPANY OF LOUISIANA, Defendant-Appellant
Appealed from the Twenty-Sixth Judicial District Court for the Parish of Bossier, Louisiana. Trial Court Nos. 138,294 and 138,446. Honorable Ford E. Stinson, Jr., Judge.
TRACEY L. OAKLEY Counsel for Appellant, Safeway Insurance Co. of La.
J. PATRICK HENNESSY Counsel for Appellees, Mark Barron, et al.
ALAN STEGALL Counsel for Appellees, Tanja Parker, et al.
Before MOORE, PITMAN and GARRETT, JJ.
[49,519 La.App. 2 Cir. 1]
In these consolidated cases, Safeway Insurance Company of Louisiana appeals a judgment that found its insured, Tanja Parker, 100% at fault in an intersectional collision that occurred in Hot Springs, Arkansas, injuring her three children who were passengers in her car, and applied Louisiana law instead of Arkansas law, which would have provided " parental immunity" for the claim. We affirm.
Factual and Procedural Background
In June 2011, Ms. Parker and her family -- husband, Mark Barron, and her three minor children, Tyler Parker and Coby and Cameron Barron -- were taking a family vacation from their home in Bossier City, Louisiana, to Hot Springs. Ms. Parker was driving her 2007 Pontiac G6, insured by Safeway. Driving west on East Maurice, she pulled up to the intersection with Valley Road, stopped at the stop sign, looked both ways, and then proceeded across Valley Road. For some reason, she did not notice a 1997 GMC Suburban coming south on Valley Road, the favored street. The Suburban " T-boned" or struck the middle passenger side of Ms. Parker's Pontiac, injuring the three children -- Tyler most severely.
In February 2012, Coby and Cameron's father, Mark Barron, filed a direct action against Safeway, seeking damages for their injuries. In March 2012, Ms. Parker filed a separate direct action against Safeway, seeking damages for Tyler's injuries. Both suits were filed in Bossier Parish, where Ms. Parker, Mr. Barron and the three children live and where the Safeway personal automobile insurance policy was issued. The suits were [49,519 La.App. 2 Cir. 2] consolidated for trial.
Safeway raised several exceptions, including one of no right or no cause of action, urging that because the accident occurred in Arkansas, it was subject to Arkansas law, under which " parental immunity" prohibits a child from suing his parent. Rambo v. Rambo, 195 Ark. 832, 114 S.W.2d 468 (1938); Attwood v. Attwood's Estate, 276 Ark. 230, 633 S.W.2d 366 (1982). It also argued that Louisiana's Direct Action Statute gave no special rights to insureds with contract claims against their insurer. Green v. Auto Club Group Ins. Co., 2008-2868 (La. 10/28/09), 24 So.3d 182.
The district court denied all exceptions. Prior to trial, Safeway settled with the driver of the Suburban, ...