6 Fla. L. Weekly Supp. 625b
Insurance — Personal injury protection — Coverage — Nexus between injury and use of motor vehicle — Insured who was sprayed by crop duster as he rode as passenger in motor vehicle was entitled to coverage under terms of insurance policy
JOHN M. PHILLIPS, Appellant, vs. BANKERS INSURANCE CO., Appellee. 19th Judicial Circuit in and for Indian River County, Appellate Division. Case No. 97-0420-CA-25. L.T. No. 97-0115-CC-10. Decision filed July 19, 1999. Appeal from County Court, Indian River County, David Morgan, Judge. Counsel: Bernard F. Grall, Jr., Vero Beach, for Appellant. Casey Walker, Vero Beach, for Appellee.
ON MOTION FOR REHEARING
(SMITH, J.) Both parties moved for summary judgment and the trial court denied plaintiff’s motion and granted defendant’s motion. Neither party raised as an issue that there were disputed issues of fact. The deposition of the appellant, the plaintiff below, shows that there was a sufficient nexus between the appellant’s injury and the use of a motor vehicle to establish the appellant’s entitlement to personal injury protection benefits. The appellant’s injuries were the result of being sprayed by a crop duster as he rode as a passenger in a motor vehicle. Therefore, the appellant was entitled to coverage under the terms of his insurance policy. Judgment is reversed and the trial court is directed to enter a final judgment in favor of the appellant. (KANAREK, C.J., and BRYAN, P.J., concur.)
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