14 Fla. L. Weekly Supp. 481b
Insurance — Personal injury protection — Coverage — Where insured’s injuries resulted from altercation with husband, not contact with motor vehicle, insured has failed to state cause of action for PIP benefits
JAYNE BOHANNON, Plaintiff, vs. PROGRESSIVE AMERICAN INSURANCE COMPANY, Defendant. County Court, 4th Judicial Circuit in and for Duval County. Case No. 16-2006-CC-10537, Division K. January 26, 2007. Sharon H. Tanner, Judge. Counsel: Kelly B. Hampton, Jacksonville, for Plaintiff. Lindsay A. Cole, James C. Rinaman, III & Associates, P.A. Jacksonville, for Defendant.
ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
This cause came on to be heard on Defendant Progressive American Insurance Company’s Motion for Summary Judgement, and the Court, being advised in the premises, finds that Plaintiff, Jayne Bohannon, cannot prevail in her Declaratory Action filed herein against Defendant, seeking PIP benefits, as the injuries sustained by her on or about June 20, 2005, did not arise out of the ownership, maintenance or use of a motor vehicle. Her injuries sustained were a result of an altercation with her husband, and not caused by physical contact with a motor vehicle. Under the provisions of F.S. 627.736, she has failed to state a cause of action for personal injury protection benefits against Defendant, therefore, it is
ORDERED AND ADJUDGED that Final Summary Judgment is hereby entered against Plaintiff, Jayne Bohannon, with prejudice.
