Standard for Determining Whether Conduct Arises out of the use of a Vehicle
See Carter v. City/Parish of EBR, 423 So.2d 1080 (La.1982), Kessler v. Amica Mutual Co., 573 So.2d 476 (La.1991), and McKenzie and Johnston, Louisiana Civil Law Treatise, Insurance (West).
The word “use” has a broader meaning than operation of the vehicle and generally includes any use of a vehicle related to its inherent purpose. As it applies to guest passengers, the words “arising out of” use means “originating from,” “growing out of,” or “flowing from” the use. Thus, all that is required is an adequate nexus between the vehicle and the accident. It is sufficient that the accident causing the injury is connected with the normal or expected use of a vehicle. It is sufficient that the accident causing the injury is connected with the normal or expected use of a vehicle. See Bernard v. Ellis, 111 So.3d 995 (La.2012).