The Franciscan Friars of California Inc., et al. v. Ordinary Mutual, et al.
Published: Feb. 19, 2003 | Result Date: Nov. 1, 2002 | Filing Date: Jan. 1, 1900 |Case number: 9187665 Verdict – $13,935,900
Judge
Court
Tulare Superior
Attorneys
Plaintiff
James P. Wagoner
(McCormick, Barstow, Sheppard, Wayte & Carruth LLP)
Defendant
Experts
Plaintiff
John Folmer
(technical)
Defendant
Gregory Ingles
(technical)
Facts
This was an action for subrogation and declaratory relief by one insurer for the Franciscans, Insurance Co. of the State of Pennsylvania against the insurer for the Diocese of Fresno arising out of a settlement of an underlying injury/death-auto case. In the underlying case, Father Leon, a member of the Franciscan Order and a resident of Saint Anthony's Retreat in Three Rivers, was, for the month of January, 1998, temporarily substituting for a Diocesan Priest, Father Sanchez of the St. Jude's Parish in Earlimart, while Father Sanchez was on vacation. Father Sanchez expected Father Leon to be available to perform scheduled masses and other sacraments Wednesday-Sunday. The plaintiffs contended that Father Leon was expected to use his car to attend to emergencies such as last rites, visiting the sick in their homes, hospitals, etc. even on Mondays and Tuesdays when the Church was closed and the Parish Priest was off, and that part of the $500 cash stipend he was paid by Father Sanchez was for his mileage, including mileage to and from the Three Rivers Retreat on days when the Church was closed. The defendant contended that Father Leon had time off from Sunday afternoon to Wednesday to do as he pleased. On Sunday, Jan. 11, 1998, after completing his last Mass, Father Leon was returning to St. Anthony's Retreat where he planned to attend a social dinner that night with the Sisters of Charity when the accident occurred. According to the plaintiffs, Father Leon was operating a "required vehicle" in the course and scope of his employment at the time of the accident, or at a minimum, his vehicle was being "borrowed" by the Bishop of Fresno within the meaning of the policy issued by Ordinary Mutual to the Bishop of Fresno. The defendant contended that Father Leon was an independent contractor, or, at most, an agent outside the course and scope of his employment who was simply returning home to attend a social function which did not have anything to do with the parish in Earlimart.
Deliberation
one hour
Length
four days
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