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Daniel v. Allstate Ins. Co.

A genuine issue of fact remained as to whether the underlying plaintiff in an injury suit arising out of an automobile accident with an underinsured motorist was a resident of his mother and step-father's home for purposes of UM coverage.

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Stanley C. Daniel and Becky Jenkins were involved in an automobile collision, and Daniel sued Jenkins to recover damages. The complaint was also served on Progressive Classic Insurance Company, with whom Daniel’s father had automobile insurance, and Allstate Insurance Company, with whom Daniel’s mother and stepfather had automobile insurance, and which insured the vehicle Daniel was driving his stepfather’s van. Daniel and Allstate filed cross-motions for summary judgment, and Daniel moved to strike some of Allstate’s evidence. The trial court granted Allstate’s motion for summary judgment and denied Daniel’s motion to strike and motion for partial summary judgment, and Daniel appeals. For reasons that follow, we affirm in part and reverse in part. We conduct a de novo review of a trial court’s grant of summary judgment, and view all evidence and inferences drawn from the evidence in a light most favorable to the non-moving party.1 “A defendant who does not bear the burden of proof at trial may establish entitlement to summary judgment by demonstrating ‘that the documents, affidavits, depositions, and other evidence in the record reveal that there is no evidence sufficient to create a genuine jury issue on at least one essential element of plaintiff’s case.’ “2

The record reflects that in the early morning hours of March 13, 2004, Daniel and Jenkins were involved in an automobile collision. Daniel was driving a Ford Aerostar van belonging to his stepfather, Willie Gaither. Daniel was seriously injured, and brought an action for damages against Jenkins.

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