Alfa Ins. Corp. v. Ryals
| Docket Number: | 2002-CT-01652-SCT Linked Case(s): 2002-CA-01652-COA ; 2002-CT-01652-SCT ; 2002-CT-01652-SCT ; 2002-CT-01652-SCT ; 2002-CA-01652-COA |
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| Supreme Court: | Opinion Link Opinion Date: 07-21-2005 Opinion Author: Waller, P.J. Holding: Reversed and Rendered |
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| Additional Case Information: |
Topic: Insurance - Definition of use of uninsured car Judge(s) Concurring: Cobb, P.J., Easley, Carlson and Dickinson, JJ. Non Participating Judge(s): Smith, C.J., Diaz and Randolph, JJ. Dissenting Author : Graves, J. Procedural History: Jury Trial Nature of the Case: CIVIL - INSURANCE Writ of Certiorari: Granted Appealed from Court of Appeals |
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| Trial Court: |
Date of Trial Judgment: 08-13-2002 Appealed from: Forrest County Circuit Court Judge: Robert Goza, Jr. Disposition: FINAL JUDGMENT FOR PLAINTIFFS AND AWARD OF $210,000 FOR EACH DEATH. Case Number: CI99-0136 |
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| Note: | The supreme court found that the evidence was legally insufficient to prove that accident arose out of the "use" of the truck and reversed and rendered. Because this was dispositive, it did not address the other two issues. See original COA opinion at http://courts.ms.gov/Images/Opinions/CO15373.pdf | |
| Party Name: | Attorney Name: | |||
| Appellant: | Alfa Insurance Corporation |
HERMAN M. HOLLENSED |
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| Appellee: | Kenneth Wayne Ryals, Administrator on Behalf of the Wrongful Death Beneficiaries of Kenneth Ryals, Deceased, and Kenneth Wayne Ryals, Administrator on Behalf of the Wrongful Death Beneficiaries of Georgia Ryals, Deceased | T. JACKSON LYONS, NORMAN WILLIAM PAULI, JR. |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Insurance - Definition of use of uninsured car |
| Summary of the Facts: | Pursuant to a jury verdict, the Forrest County Circuit Court awarded $420,000 in uninsured motorist benefits to Kenneth Ryals, administrator for the wrongful death beneficiaries of Kenneth and Georgia Ryals. Kenneth and Georgia Ryals were killed as a result of a dead pine tree falling on their vehicle. Ryals alleged that the Mississippi Department of Transportation failed to provide safe highways and that its employees left a dead pine tree in an unsafe condition after unsuccessfully attempting to knock it down with a platform or bucket truck. Alfa Insurance Corporation, the uninsured motorist insurance carrier, appealed, and a divided Court of Appeals affirmed the circuit court judgment. The Supreme Court granted certiorari. |
| Summary of Opinion Analysis: | The uninsured motorist coverage provision of the Alfa policy provides that Alfa will pay damages for bodily injury to a covered person if the covered person is legally entitled to collect such damages from the owner or driver of an uninsured car. The bodily injury must be caused by accident arising out of the operation, maintenance or use of an uninsured car. The policy defines the word "use" to mean "the actual manual and physical driving of a car" and the word "car" is defined as "a land motor vehicle with four or more wheels, which is designed for use mainly on public roads." The Ryalses contend that Mississippi Department of Transportation's efforts in removing the dead pine tree from the roadside by the use of its hydraulic lift platform (also commonly referred to as a "bucket") which was permanently attached to the vehicle, constituted the "use" of an uninsured vehicle. The "use" of the MDOT vehicle occurred several months before the fatal accident. There was no collision or impact between the vehicle belonging to the Ryalses and the MDOT vehicle. The MDOT vehicle was not being operated on a “highway” as defined by statute. Although the MDOT vehicle was “designed for use upon a highway,” it was not, at the time of the alleged negligent event, being used upon a highway. The vehicle was stationary and off the roadway while the bucket was used to attempt to push the tree down. It is clear from Alfa’s policy that "use" required someone to be driving the vehicle for some type of transit or transportation purpose. Therefore, the circuit court and the Court of Appeals erred as a matter of law in determining that there was sufficient evidence for the jury to conclude that the accident arose from the use of the MDOT vehicle. |
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