Carl Manuel was employed by Lou Warner as a truck driver. Warner operated a hauling business and owned six semi-tractors and trailers which were insured by Carolina Casualty for liability for damages which she legally had to pay for bodily injury or property damage. Anyone else was an insured under the policy if that person was using one of the outfits owned by Warner with her permission.

Manuel, and all of Warner's drivers, were instructed that they were not to drive after consuming any amount of alcohol. They were also told that the trucks were not to be used for any personal reason without Warner's express permission.

Before each trip, Warner would give the driver an advance for gas, tolls, and other trip expenses.

Manuel was scheduled to make a trip on June 15. On the 14th, he was given the keys to the assigned tractor and also an advance for expenses. At the close of business on the 14th, a trailer was loaded and "hooked up" to the tractor and made ready for the trip.

That evening, Manuel attended a cookout with members of the Warner staff and families. He had a few beers and two "shots" of hard liquor. Later he and his wife had an argument while still at the cookout, and they left in their personal car--without Warner's knowledge. Manuel's wife took Manuel to the truck terminal because he said he would sleep in the tractor that night. She took their son home and then returned to spend the night with Warner. In the interim, Manuel had taken the tractor and left the trailer there. Mrs. Manuel then called Lou Warner to tell her, and Warner began an unsuccessful search for Manuel.

Manuel had a collision with a vehicle owned by Carl Hall and his wife, who later filed this action for damages against Warner and Carolina.

Warner filed a motion for summary judgment which the trial court denied.

On appeal, the court pointed out that Manuel was not acting with Warner's permission when he left the truck terminal in Warner's tractor. Warner had expressly forbidden her drivers to operate the equipment after drinking any amount of alcohol and had forbidden them to use the equipment for any personal reasons without her express permission.

Warner visited Manuel in the hospital, and he told her he could not recall what had happened or why he was driving the tractor. In view of this, the court said that statements made by him thereafter could not be admitted into evidence.

The court concluded that Manuel was not using the tractor with the permission of the insured, and Warner could not be held responsible for damages. Consequently, her insurance carrier likewise was not liable.

The judgment entered in the trial court in favor of the injured parties was reversed, and the action was remanded with instructions to enter summary judgment in favor of the insured and her liability company.

Warner Trucking, Inc., et al Appellants v. Carl C. Hall et ux--No. 20A03-9410-CV-398--Court of Appeals of Indiana--July 3l, 1995--653 North Eastern Reporter 2d 1057.