Fields v. BellSouth Telecommunications, Inc.

91 S.W.3d 571, 2002 Ky. LEXIS 244, 2002 WL 31887714
CourtKentucky Supreme Court
DecidedDecember 19, 2002
Docket2001-SC-0477-DG
StatusPublished
Cited by2 cases

This text of 91 S.W.3d 571 (Fields v. BellSouth Telecommunications, Inc.) is published on Counsel Stack Legal Research, covering Kentucky Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fields v. BellSouth Telecommunications, Inc., 91 S.W.3d 571, 2002 Ky. LEXIS 244, 2002 WL 31887714 (Ky. 2002).

Opinions

Opinion of the Court by

Justice JOHNSTONE.

Appellant, Brenda Fields, appeals from a Court of Appeals’ opinion that affirmed the trial court’s grant of summary judgment in favor of Appellee and underlying defendant, BellSouth Telecommunications, Inc. The sole issue in this case is whether Ms. Fields was “entering into” her vehicle within the meaning of KRS 304.39-020(6), when she tripped and fell over a utility pole anchor device.

On March 14, 1998, Ms. Fields was injured when she tripped over a guy-wire anchor for a utility pole and fell onto a Tumbleweed Restaurant parking lot. On March 11, 1999, Ms. Fields filed suit against Tumbleweed and LG & E, which owned the anchored utility pole. Discovery revealed that the guy-wire anchor device was owned and maintained by Bell-South. Ms. Fields then amended her complaint on July 1, 1999, to include Bell-South as a defendant to the suit. Bell-South moved for summary judgment on grounds that the claim against it was barred by the statute of limitations. After the trial court granted the motion and the judgment became final, Ms. Fields appealed to the Court of Appeals. The Court of Appeals affirmed the summary judgment of the trial court. We granted discretionary review and, for the reasons set forth below, we reverse and remand.

Ordinarily, a suit for negligent injury must be brought within one year after the “cause of action accrued.” KRS 413.140(1)(a). But KRS 304.39-060(6) “extends the statute of limitations to two years for actions ‘with respect to accidents occurring in this Commonwealth and arising from the ownership, maintenance or use of a motor vehicle,’ when not ‘abolished’ by the Act.” Troxell v. Trammell, Ky., 730 S.W.2d 525, 527 (1987), quoting Bailey v. Reeves, Ky., 662 S.W.2d 832, 833-34 (1984). Thus, if the one-year statute of limitation applies, the suit against BellSouth is time barred. But, if the two-year statute of limitation applies, then the suit was timely filed and should be permitted to proceed. The resolution of the question of which limitation period applies turns on whether Ms. Fields was “using” her vehicle within the meaning of the MVRA when she slipped and fell.

Under the MVRA, “ ‘[U]se of motor vehicle’ means any utilization of the motor vehicle as a vehicle including occupying, entering into, and alighting from it.” KRS 304.39-020(6) (emphasis added). The determination of whether Ms. Fields was “using” her vehicle is made in light of the basic rule of statutory construction that the “MVRA is to be liberally interpreted in favor of the accident victim.” Lawson v. Helton Sanitation, Inc., Ky., 34 S.W.3d 52, 62 (2000).

A number of courts have addressed the issue of what “entering into” means. See generally Robert Joy, Annotation: What Constitutes “Entering” or “Alighting From” Vehicle Within Meaning of Insurance Policy, or Statute Mandating Insurance Coverage, 59 A.L.R.4th 149 (1989) (collecting cases). Not surprisingly, the results of these decisions are not uniform across jurisdictions. Nonetheless, some commonalities emerge. Two of these are that the issue is to be decided on a case-by-case basis and that “entering into” does not require proof that the plaintiff was physically inside the vehicle, either in whole or in part.

[573]*573The dilemma in these cases appears to be in determining when a person’s approach to a vehicle, i.e., the preparation to entry, transforms into the process of entering into the vehicle. To establish a certain definiteness to making this determination, a number of courts hold that “entering into” a vehicle “begins, at the earliest, when physical contact with the vehicle is made with intent to enter.” Aversano v. Atlantic Employers Insurance Co., 290 N.J.Super. 570, 575, 676 A.2d 556 (1996). Accord Floyd v. J.C. Penney Casualty Insurance Co., 193 Ga.App. 350, 387 S.E.2d 625, 626 (1989). Likewise, after a careful and thoughtful grammatical analysis, the Oregon Supreme Court held that a “person is ‘entering into’ the insured car when a part of that person makes physical contact with the car in a manner that in the ordinary course would lead directly to entrance or penetration into the car.” Marcilionis v. Farmers Insurance Co. of Oregon, 318 Or. 640, 871 P.2d 470, 472-73 (1994). The contact requirement is implicated by decisions in other courts.

In King v. Aetna Casualty & Surety Co., 118 Mich.App. 648, 325 N.W.2d 528 (1982), the Michigan Court of Appeals held that a claimant who slipped and fell on ice while reaching to unlock his car door was only preparing the enter the vehicle. Id. at 530. But a year later in Teman v. Transamerica Insurance Co. of Michigan, 123 Mich.App. 262, 333 N.W.2d 244 (1983), the same court held that a claimant who had his foot on the back ledge of a truck while attempting to open the door to enter was in the process of entering into the vehicle. Id. at 245. Contact with the vehicle appears to be the crucial distinction in these two cases. In Goodwin v. Lumbermens Mutual Casualty Co., 199 Md. 121, 85 A.2d 759 (1952), the Maryland Court of Appeals held that a claimant who was standing beside a vehicle and waiting to enter while another held the door open for her was “entering into” the vehicle within the meaning of an insurance contract. Id. at 764. See also Salamone v. Regency Palace, 337 N.J.Super. 374, 766 A.2d 1231, 1234 (2000) (valet was agent of the insured for purposes of “entering into” a vehicle).

In keeping with the above authority, we hold that process of “entering into” a vehicle can begin no sooner than when a person, or that person’s agent, makes contact with the vehicle with the intention of entering the vehicle. This determination is not inconsistent with our holding in West American Insurance Co. v. Dickerson, Ky., 865 S.W.2d 320 (1993), which rejected the physical contact standard for determining when a person is “alighting from” a vehicle within the meaning of the MVRA. Id. at 322.

In Dickerson, we stated:

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Erie Insurance Exchange v. Megan Johnson
Kentucky Supreme Court, 2025
Fields v. BellSouth Telecommunications, Inc.
91 S.W.3d 571 (Kentucky Supreme Court, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
91 S.W.3d 571, 2002 Ky. LEXIS 244, 2002 WL 31887714, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fields-v-bellsouth-telecommunications-inc-ky-2002.