United States District Court, D. South Carolina, Columbia Division
OPINION AND ORDER GRANTING MOTION FOR SUMMARY
CAMERON MCGOWAN CURRIE, Senior United States District Judge.
this action, Plaintiff, American Southern Home Insurance
Company (“American Southern”), seeks a
declaratory judgment that it has no obligation to defend or
indemnify Defendants, Lloyd R. Goodale, Sr. (“Goodale,
Sr.”) and Lloyd R. Goodale, Jr. (“Sonny”)
(collectively “Goodales”), for claims arising
from a golf-cart accident (“Accident”) in which
Defendant Patricia M. Kimball (“Kimball”) was
injured. Those claims are now pending in Kimball v.
Goodale, SC Com. Pl. Case No. 2016-CP-46-749
matter is before the court on American Southern’s
motion for summary judgment. For the reasons set forth below,
the motion is granted.
judgment should be granted if “the movant shows that
there is no genuine dispute as to any material fact and the
movant is entitled to judgment as a matter of law.”
Fed.R.Civ.P. 56(a). It is well established that summary
judgment should be granted “only when it is clear that
there is no dispute concerning either the facts of the
controversy or the inferences to be drawn from those
facts.” Pulliam Inv. Co. v. Cameo Properties,
810 F.2d 1282, 1286 (4th Cir. 1987). The party moving for
summary judgment has the burden of showing the absence of a
genuine issue of material fact, and the court must view the
evidence before it and the inferences to be drawn therefrom
in the light most favorable to the nonmoving party.
United States v. Diebold, Inc., 369 U.S. 654, 655
56(c)(1) provides as follows:
(1) A party asserting that a fact cannot be or is genuinely
disputed must support the assertion by:
(A) citing to particular parts of materials in the record,
including depositions, documents, electronically stored
information, affidavits or declarations, stipulations . . .,
admissions, interrogatory answers or other materials; or
(b) showing that the materials cited do not establish the
absence or presence of a genuine dispute, or that an adverse
party cannot produce admissible evidence to support the fact.
Fed. R. Civ. P. 56(c)(1).
April 4, 2015, Kimball broke several bones and suffered other
injuries when she was ejected from a golf cart driven by
Sonny and owned by his father, Goodale, Sr. Kimball alleges
Sonny is liable for her injuries because he was driving under
the influence of alcohol and the accident was caused by his
reckless driving. Underlying Action, Compl. ¶¶
23-25. She alleges Goodale Sr. is liable on a variety of
grounds including that he failed to secure the golf cart to
prevent Sonny from using it despite Goodale, Sr.’s
knowledge of Sonny’s history of alcohol abuse,
alcohol-related suspension of his driver’s license, and
propensity for driving the golf cart at night to a local bar.
Underlying Action, Compl. ¶¶ 16, 18, 31.
purposes of this motion, it is undisputed the Goodales were,
at the time of the Accident, “insureds” under a
Manufactured Home Insurance Policy (“Policy”)
issued by American Southern to Goodale, Sr. ECF No. 31-1 at
2. It is also undisputed for purposes of this motion that