 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Long v. Coates12/11/1990
State Farm Fire and Casualty Company appeals from a judgment declaring the acts of Steven Coates, which resulted in injuries to Matt Long, are covered by a homeowners insurance policy issued to Mr. Coates' mother. State Farm contends material issues of fact precluded summary judgment on the issue of whether Mr. Coates was a resident of his mother's household, hence was an insured; further, it contends the court at trial should have found a clause excluding an expected or intended act applied. We affirm.
Steven Coates lived with his mother at her home in Richland. Although he lived in a nearby apartment with friends while attending college for 6 months in March 1984, he returned home for about 1 1/2 months before leaving for Navy boot camp. He left all his personal possessions in her home, continued to receive mail there, and gave her address as his residence when he went to boot camp. On his first leave from the Navy, in September 1984, he returned home.
The following day, September 15, he began drinking with a companion, Dana Soderquist. By midnight he had consumed 12 to 15 beers, 2 to 4 double rum and Cokes, and 1 or 2 exotic cocktails called snowshoes. He then drove erratically down the highway at extremely high speed, with Mr. Soderquist in the passenger seat.
Matt Long, an off-duty Hanford patrolman and volunteer with the Kennewick Police Reserves, was on his way home from work when he saw Mr. Coates' car collide with another vehicle, then come to a stop about half a mile from the point of collision. Mr. Long pulled over some distance behind Mr. Coates' car and saw Mr. Coates get out of his car and approach him. Mr. Long identified himself as a police officer and suggested they return to the scene of the accident. Mr. Coates appeared to be confused and intoxicated. He and Mr. Long began walking toward the scene of the collision. When flashing emergency lights became visible, Mr. Coates stopped, appeared scared or glassy-eyed, and said something which did not make sense. Mr. Long became concerned for his own safety and began jogging back to his vehicle. Mr. Coates caught up with him and stabbed him twice in the back.
Trooper Jeffrey Sale, responding to a radio dispatch, arrived at the scene just after midnight. When he discovered Mr. Long had been stabbed, he drew his revolver and ordered Mr. Coates to put up his hands and lie down on the pavement. Mr. Coates responded by saying: "If someone is injured, I'm a nurse, and I can help them." Trooper Sale again ordered him to lie down and Mr. Coates responded "I can help", wandered over to his car and eventually, after being ordered a third time to do so, lay down on the ground. After Mr. Coates was booked into jail, it was discovered he had urinated in his pants. His blood alcohol level 4 hours after the incident measured .16 percent.
State Farm contends the trial court erroneously granted summary judgment on the issue of residence. It asserts Mr. Coates is an insured under State Farm homeowner's insurance policy only if he was a resident of his mother's household.
Summary judgment is appropriate if the pleadings, depositions and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. Hartley v. State, 103 Wash. 2d 768, 698 P.2d 77 (1985). The court must consider the evidence in the light most favorable to the nonmoving party. Yakima Fruit & Cold Storage Co. v. Central Heating & Plumbing Co., 81 Wash. 2d 528, 503 P.2d 108 (1972).
Dautel v. Unit
Page 1 2 3 4 Washington DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|