Dallas Fort Worth Insurance Lawyer Blog
Personal injury attorneys in Dallas would want to know and understand this case. It is a 20024, Texas Supreme Court case styled, Texas Farm Bureau v. Sturrock. Here is the relevant information.
In this case, an insured was injured when his foot became entangled with his truck’s raised door facing while he was exiting the vehicle. The Court had to decide whether his injury resulted from a “motor vehicle accident” for purposes of personal injury protection (PIP) coverage under his Texas standard automobile insurance policy. This court held that a “motor vehicle accident” occurs when (1) one or more vehicles are involved with another vehicle, an object, or a person, (2) the vehicle is being used, including exit and entry, as a motor vehicle, and (3) a causal connection exists between the vehicle’s use and the injury-producing event. This court concluded that the insured’s injury here resulted from a “motor vehicle accident” within his policy’s PIP coverage. Accordingly, they affirmed the court of appeals’ judgment.
Jeff Sturrock drove his truck to work, parked, and turned off the engine. While exiting the truck, he entangled his left foot on the raised portion of the truck’s door facing. Sturrock injured his neck and shoulder in his attempt to prevent himself from falling from the vehicle. Sturrock filed a claim for PIP benefits under his vehicle’s insurance policy, issued by Texas Farm Bureau.
Sturrock’s policy provides, in pertinent part:
A. We will pay Personal Injury Protection benefits because of bodily injury:
1. resulting from a motor vehicle accident; and
2. sustained by a covered person.
Texas Farm Bureau does not dispute that Sturrock is a “covered person” under the policy, but denies that Sturrock’s injuries resulted from a “motor vehicle accident” within the policy’s PIP coverage.
Sturrock sued Texas Farm Bureau for breach of contract and violations of the Texas Insurance Code. Both parties filed motions for summary judgment. The parties then filed an “greed Statement of Facts, pursuant to Texas Rule of Civil Procedure 263, and asked the trial court ‘to apply the law to these agreed facts and determine whether Sturrock’s injuries resulted from ‘a motor vehicle accident’ within the meaning of the policy.” The trial court held that, as a matter of law, Sturrock’s injuries resulted from a “motor vehicle accident” covered by the policy’s PIP provisions, and the court of appeals affirmed.
This court held that a “motor vehicle accident” occurs when (1) one or more vehicles are involved with another vehicle, an object, or a person, (2) the vehicle is being used, including exit or entry, as a motor vehicle, and (3) a causal connection exists between the vehicle’s use and the injury-producing event. Here, Sturrock was injured when his left foot became entangled with his car’s door facing while he was exiting the vehicle. Thus, the court concluded that Sturrock’s injury resulted from a “motor vehicle accident” within the policy’s terms, and affirmed the court of appeals’ judgment.
An experienced Insurance Law Attorney needs to be consulted for advice in these situations.