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Puckett v. Nationwide Fire Insurance Co.3/18/2005
AFFIRMING
This is a wrongful death and declaratory judgment action in which Michelle Puckett and William Puckett, and William Puckett as Personal Representative of the Estate of Bryan E. Puckett, appeal from an order of the Fayette Circuit Court granting summary judgment to appellee Nationwide Fire Insurance Company (Nationwide) pursuant to Ky. R. Civ. P. (CR) 56.03. The appellants contend that the trial court erroneously determined that their homeowner's policy did not apply to an off-premises incident which resulted in Bryan's death by hyperthermia as a result of being left in a motor vehicle by Karen Murphy on a hot July day. Because the circuit court properly concluded that the homeowner's policy issued by Nationwide to Karen and George Murphy does not cover the incident, we affirm.
The factual background of the case is as follows. On July 13, 1999, Karen Murphy was baby-sitting eleven-month-old Bryan Puckett. In addition to Bryan, Karen was also caring for her own children, one-year-old Jason Murphy and four-year-old Rachel Murphy.
At approximately 2:00 p.m., Karen arrived at the Once Upon A Child consignment shop, a second-hand children's clothing store located in a shopping center off Richmond Road in Lexington. Karen went into the store to shop, taking Rachel with her and leaving Bryan and Jason locked in the car with the windows rolled up. The outside temperature was approximately 81 degrees Fahrenheit. Karen and Rachel remained in the store for approximately two hours.
At approximately 4:00 p.m., nearly two hours after she had left Brian and Jason locked in the car, Karen left the store. Shortly thereafter, other persons realized that Bryan and Jason were locked in Karen's car. Someone notified a passing deputy sheriff of the situation. The deputy broke the window to gain access to the children, and paramedics were called to the scene.
When Bryan was removed from the vehicle, he was unconscious. Expert testimony revealed that the estimated temperature inside the vehicle had reached levels of between 145 and 165 degrees Fahrenheit during the time Bryan and Jason were locked in the vehicle. Brian was transported to the hospital, where he died of hyperthermia (a.k.a. heat stroke). Jason was also taken to the hospital, where he recovered.
On September 14, 1999, Karen was indicted for second-degree manslaughter on the basis that she wantonly caused the death of Bryan Puckett; second-degree criminal abuse on the basis that she wantonly placed Jason Murphy in a situation that might cause serious physical injury ; and endangering the welfare of a minor on the basis that she failed to exercise diligence in the control of Rachel Murphy to prevent her from becoming neglected or dependent.
The trial was held in August 2000. Karen was found guilty but mentally ill of all charges. She was sentenced to ten years' imprisonment on the manslaughter conviction, three years' imprisonment on the criminal abuse conviction, to run consecutively with the manslaughter sentence, and twelve months' imprisonment on the endangering the welfare of a minor conviction, to run concurrently, for a total sentence of thirteen years.
Civil action number 00-CI-2471 commenced when, on July 6, 2000, William and Michelle Puckett filed a complaint in Fayette Circuit Court seeking damages for the wrongful death of Bryan Puckett, and associated loss of consortium, against Karen and George Murphy. Civil action 00-CI-3051 commenced when, on August 21, 2000, Nationwide filed an action seeking a declaration of rights pursuant to Kentucky Revised Statutes 418.040 that any liability for damages incurred by the Murphys as a result of Bryan's
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