Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Kinzy v. Farmers Ins. Exchange

The plaintiff's injuries, which he suffered after another motorist left his vehicle and punched him, rendering the then 74-year-old plaintiff unconscious, were too remote from the other driver's vehicle use, ownership, or maintenance to fall within the parties' UM provision.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Lester Kinzy sought coverage from his uninsured/underinsured motorist “UM” carrier, Farmers Insurance Exchange “Farmers”, for injuries suffered in a “road rage” altercation with another motorist. The trial court granted summary judgment to Farmers, and Kinzy appeals. For reasons that follow, we affirm. Summary judgment is appropriate when no genuine issues of material fact remain and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 c. The underlying facts in this case are undisputed. On March 19, 2004, Kinzy left home in his car to go shopping. A short distance from his house, a pickup truck pulled behind him, and the driver, Michael Drake, began continuously blowing the vehicle’s horn. Intent on staying within the speed limit, Kinzy motioned for the truck to go around him. After the truck passed, however, it braked suddenly in front of Kinzy’s vehicle, forcing Kinzy to maneuver over the street curb and into a neighbor’s yard to avoid a collision.

Kinzy reentered the roadway and caught up with the truck, which had stopped at a stop sign. He then got out of his car and approached the other driver to find out “what in the hell was wrong with him.” Drake also exited his truck, and they met between the vehicles. When Kinzy asked Drake about the incident, Drake punched him, rendering him unconscious. Kinzy, who was 74 years old at the time, was taken by ambulance to the hospital.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Go to Events Go to Webcasts
Director of Legal Affairs

WittKieffer is proud to partner with Mom's Meals in the search for their Director of Legal Affairs. Mom's Meals is an investor-owned compan...


Apply Now ›
Trial Attorney Personal Injury.

Nutley Law firm concentrating in plaintiff's personal injury for plaintiff seeks an Attorney with three or more years of experience in New J...


Apply Now ›
MID-SENIOR LEVEL EMPLOYMENT ASSOCIATE OR PARTNER WANTED FOR BOUTIQUE FIRM OPPORTUNITY TO INHERIT AND GROW PRACTICE (Atlanta, GA)

Our client, an outstanding boutique litigation firm based in Atlanta, is seeking to add an experienced Employment Litigation Attorney to the...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements