Shafer v. Interstate Automobile Insurance

888 A.2d 1211, 166 Md. App. 358, 2005 Md. App. LEXIS 311
CourtCourt of Special Appeals of Maryland
DecidedDecember 23, 2005
DocketNo. 279
StatusPublished
Cited by3 cases

This text of 888 A.2d 1211 (Shafer v. Interstate Automobile Insurance) is published on Counsel Stack Legal Research, covering Court of Special Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Shafer v. Interstate Automobile Insurance, 888 A.2d 1211, 166 Md. App. 358, 2005 Md. App. LEXIS 311 (Md. Ct. App. 2005).

Opinion

DAVIS, J.

The Circuit Court for Washington County (Beachley, J., presiding) granted summary judgment in favor of Interstate Automobile Insurance Company, and Nationwide Insurance Company, “Interstate” and “Nationwide,” respectively, and entered judgment against Dana Shafer, appellant, on March 16, 2005. Appellant filed this appeal, where she presents one question:

Did the circuit court err in granting appellees’ motions for summary judgment, concluding that the uninsured motorist portions of their respective insurance policies did not provide coverage to appellant for this accident scenario?

We answer in the negative. Accordingly, we shall affirm the judgment of the lower court.

FACTUAL BACKGROUND

This appeal arises from appellant filing a complaint, in April of 2004, seeking $100,000, under claims of uninsured motorist coverage of two automobile insurance policies. Appellant was injured while a passenger on a motorcycle owned and operated by Clarence Koontz. Appellant alleged in her complaint that the accident occurred “[o]n or about September 8, 2001, ... when the rear tire of the motorcycle struck a piece of metal on the road, and the tire blew out causing the motorcycle to go out of control and injure [appellant].” Appellant sustained serious injuries that required medical treatment. After the accident, the piece of metal that was discovered to be imbedded in the tire was analyzed and confirmed to be a “piece of automobile sheet metal that had corroded and fallen off a vehicle onto the roadway.”

At the time of the accident, Interstate was the uninsured motorist coverage carrier for Koontz and Nationwide was the uninsured motorist coverage carrier for appellant. Appellant contended she was entitled to recover insurance coverage payments from Interstate and Nationwide because the accident and her subsequent injuries were a “direct and proximate result of the unidentified operator/owner’s negligence,” and [361]*361“without any negligence on her part.” Appellant also filed a Motion for Partial Summary Judgment, seeking judgment as to liability only, against Interstate1 and Nationwide2 under their respective uninsured motorist policies.

[362]*362Counsel for Interstate and Nationwide deposed appellant and her expert witness, R. Scott Wills, an accident reconstruction consultant. Appellant testified about her recollection of the incident:

[Interstate’s counsel]: Were you passing any vehicle at the time the accident occurred?
[Appellant]: No.
[Interstate’s counsel]: Okay. Was there any vehicle to your right?
[Appellant]: There was a tractor trailer, a tanker.
[Interstate’s counsel]: And how long had he or that tractor trailer been to your right?
[Appellant]: Well, probably five or ten minutes.
[Interstate’s counsel]: At the place in the roadway where the accident occurred, how would you describe the slope of the roadway, is it going uphill, downhill, level?
[Appellant]: No, it’s a flat [level slope].
[Interstate’s counsel]: Were there any vehicles before you?
[Appellant]: There was nobody in front of us.
[Interstate’s counsel]: Were you aware of any other vehicles about you other than this tractor trailer to the right?
[Appellant]: There was [sic] vehicles behind us, tractor trailer to the right, there were a couple vehicles in front of the tractor trailer....
[Interstate’s counsel]: ... My understanding that the truck realizing that you were in some distress began to slow [363]*363down so your bike could move in front of the truck and I guess eventually off the right side of the roadway?
[Appellant]: Yes.
[Interstate’s counsel]: And then you said the back tire locked up?
[Appellant]: Yes.
[Interstate’s counsel]: ... The tire which was going flat was the rear tire to the bike?
[Appellant]: Yes.
[Interstate’s counsel]: Okay. And did there come a point in time when the tire began to disintegrate?
[Appellant]: I don’t — I don’t know.
[Interstate’s counsel]: Okay. Well, let me ask you this. You said the back tire locked up. What do you mean by that?
[Appellant]: As he was slowing down to come across in front of the tractor trailer to get off to the shoulder of the road, it just came to like a stop, I guess like a sudden jerk or something, I don’t want to say, which throwed [sic] him and then the bike just continued to go with me on it for a short distance, I’m assuming, because then I got thrown from it....
[Interstate’s counsel]: Okay. Are you aware of any facts whatsoever to suggest that Clarence Koontz was in any way responsible for causing this accident?
[Appellant]: Oh, he wasn’t — you know, there was no alcohol involved or anything of that nature.
[Interstate’s counsel]: What about just the way he was operating his vehicle, do you have any reason to believe that the way he operated his vehicle in any was caused or contributed to the accident?
[Appellant]: No....
[Interstate’s counsel]: ... As you were traveling down the roadway that day, were you able to see in front of the bike?
[Appellant]: Yes, yes.
[364]*364[Interstate’s counsel]: ... And you said that there were other cars that were traveling in front of you, right?
[Appellant]: Right.
[Interstate’s counsel]: And you said the traffic was very heavy that day?
[Appellant]: Yes.
[Interstate’s counsel]: You didn’t see any vehicle on the roadway swerving in front of you, did you?
[Appellant]: Oh, just — not swerving like they had been drinking or anything, but you know, passing and—
[Interstate’s counsel]: Okay. As you looked up the roadway of that day, did you see anything in the — any type of object which was actually in the roadway before the motorcycle?
[Appellant]: No.
[Interstate’s counsel]: ... And you didn’t see any vehicles in front of the bike swerving to any — to avoid any object which was in the roadway, correct?
[Appellant]: Oh, no.
[Interstate’s counsel]: ... Did Mr. Koontz ever tell you that he saw any object in the roadway that day?
[Appellant]: No....

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Cite This Page — Counsel Stack

Bluebook (online)
888 A.2d 1211, 166 Md. App. 358, 2005 Md. App. LEXIS 311, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shafer-v-interstate-automobile-insurance-mdctspecapp-2005.