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Curry v. Huron Insurance Co.

In an action brought by an injured employee for payment of uninsured motorist benefits under his employer's policy, grant of summary judgment dismissing complaint affirmed; court did not err in finding that there was no genuine issue of material fact as to whether plaintiff was an occupant of his employer's vehicle at the time of his injuries because, when the accident occurred, plaintiff was outside the vehicle and not engaged in an activity directed towards entering the vehicle.

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� 1 Mark Curry appeals from the trial court’s order granting a motion for summary judgment filed by Huron Insurance Company and The Harleysville Insurance Companies’ (the Defendants) and dismissing Curry’s cause of action. Curry contends that the trial court erred in concluding that there was no genuine issue of material fact as to whether he was an occupant of his employer’s vehicle at the time of his injuries. Upon review, we conclude that the trial court has neither erred as a matter of law nor abused its discretion. Accordingly, we affirm.

� 2 The undisputed facts of this case arise from circumstances surrounding injuries Curry received during the course of his employment with Management Engineering Corporation (MEC). MEC employed Curry to supervise and inspect the construction of a runway-paving project at the Pittsburgh International Airport. To allow him to perform his duties, MEC provided Curry with a pick-up truck to transport him to and from the project site. MEC equipped the truck with a rotating, yellow beacon, which Curry used to demarcate his position on the site. The employment of the beacon is required by federal regulation and, ostensibly, the beacon served to warn nearby aircraft of a person’s location on the runway.

� 3 On the day of his injury, Curry was performing a compaction study on the runway surface, approximately 20 feet from the truck. While Curry crouched over an instrument to take a reading, he was struck by a loaded dump truck and sustained extensive and permanent injuries. After agreeing to a provisional settlement with a third-party tortfeasor, Curry contacted the Defendants, which provided MEC with uninsured motorist coverage, seeking benefits from MEC’s uninsured motorist policy. The Defendants denied coverage. Curry then filed a civil action seeking a declaratory judgment to compel coverage. At the close of the pleadings, the Defendants filed a motion for summary judgment, which the trial court granted. Thereafter, Curry filed this appeal.

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