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Veronie v. Allen

United States District Court, W.D. Louisiana, Lafayette Division

April 23, 2019

CHELSEA M. VERONIE
v.
LAURA E. ALLEN, ET AL.

          CAROL WHITEHURST, MAG. JUDGE.

          RULING

          TERRY A. DOUGHTY, UNITED STATES DISTRICT JUDGE.

         Pending before the Court is the Motion for Summary Judgment filed by Defendants PV Holding Corp.; Avis Rent A Car System, LLC; and Avis Budget Car Rental, LLC [Doc. No. 37]. Plaintiff Chelsea M. Veronie's (“Veronie”) has filed an opposition [Doc. No. 51');">1].

         For the following reasons, the Defendants' Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART.

         I. FACTUAL AND PROCEDURAL BACKGROUND

         This case arises from an automobile accident which occurred on August 1');">17, 2');">201');">16, in Lafayette, Louisiana. Veronie was traveling west in the left lane of West Pinhook Road, and Allen was traveling south on Jefferson Street. Veronie alleges that Defendant Laura E. Allen (“Allen”) disobeyed a stop sign and attempted to make a left turn onto West Pinhook Road, pulling out directly into the path of Veronie's vehicle, causing a collision.

         Veronie further alleges that Allen was a permissive user of the Hyundai Elantra rental car she was driving, which was owned, maintained, insured, and rented by P.V. Holding Corp., Avis Rent A Car System, LLC, and/or Avis Budget Car Rental, LLC.

         Additionally, Veronie alleges that Allen was employed by The American Red Cross, that Allen was acting in the course and scope of her employment at the time of the accident, and that The American Red Cross is liable for the negligence of its employee Allen by virtue of the doctrine of respondeat superior.

         On August 1');">15, 2');">201');">17, Veronie filed a Petition for Damages in the 1');">15th Judicial District Court for Lafayette Parish, Louisiana. On September 2');">25, 2');">201');">17, the case was removed to this Court.

         Movers P.V. Holding Corp., Avis Rent A Car System, LLC and Avis Budget Car Rental, LLC., (collectively “Movers”), seek summary judgment dismissing Veronie's claims against them for three reasons:

(1');">1) Movers bear no responsibility as either the rental vehicle's Owner or Lessor;
(2');">2) There is no evidence that the maintenance of the vehicle played a part in the accident; and
(3) Movers do not insure any vehicles.

         Veronie opposes the motion on the grounds that there are genuine issues of material fact regarding insurance coverage.

         II. LAW AND ANALYSIS

         A. ...


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