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Willard v. Kelley12/4/1990
ted)
The court also recognized that the question of intent was not relevant to the determination of "use," but was only a consideration with regard to the issue of "accident." The court reasoned that because the act was unintentional from the standpoint of the insured, it was an "accident" within the terms of the policy. See Celina Mut. Ins. Co. v. Saylor, 35 Ohio Misc. 81, 301 N.E.2d 721 (1973). But the insured in Vanguard lost his claim under his automobile policy because his injury did not arise out of use of the vehicle.
The proper focus is whether the shooting of Willard was casually connected to the in result. use of an uninsured motor vehicle. I must agree with the reasoning used by a majority of our sister jurisdictions, which hold that as a matter of law gunshot wounds are not normally casually related to the use of the automobile, even if the vehicle was used in transportation to the location where the shooting occurred. No material facts as to use of the vehicle are here in dispute, and summary judgment in favor of Prudential is proper.
I am authorized to state that Justice LAVENDER joins in these views and that Justice SIMMS joins in part.
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