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Spencer v. State Farm Mutual Insurance Co.1/20/2005
NATURE OF THE CASE: CIVIL - INSURANCE
DISPOSITION: AFFIRMED - 01/20/2005
STATEMENT OF THE CASE
. Kristopher Spencer (Spencer) was injured when a Rottweiler bit him on the face while at a public park at the Ross Barnett Reservoir. The dog was owned by Jason Lindsley (Jason), but it was kept at the home of Jason's mother, Carolyn Lindsley (Carolyn). Jason had transported his dog to a public park in the back of his pickup truck. The dog was in the back of Jason's pickup truck when it lunged at Spencer. At the time of the incident, Jason's truck was not insured. However, Carolyn maintained homeowner's insurance on her home. Carolyn's insurer denied liability. On May 20, 1998, Spencer filed suit against Jason and Carolyn in the Circuit Court of Madison County, Mississippi.
. After much litigation, the parties voluntarily agreed to submit the case to binding arbitration before the Honorable John B. Toney. The parties agreed to cap the maximum damages that could be awarded in arbitration at $50,000. An arbitration hearing was held on November 11, 1999. Arbitrator Toney found in Spencer's favor as to liability and awarded Spencer $43,500 in damages for medical expenses, doctor fees, pharmacy bills, permanent disfigurement, pain and suffering, mental anguish and loss of enjoyment of life.
. On March 3, 1999, Spencer also filed a separate suit against State Farm Mutual Insurance Company (State Farm) in the County Court of the First Judicial District of Hinds County, Mississippi. The suit contended that Spencer was entitled to receive the full policy limits of the uninsured motorist coverage afforded by his parents' State Farm insurance policy. Spencer's parents had in force two uninsured motorist insurance policies issued by State Farm in the amount of $10,000 each. Spencer contends that he was not made whole by the arbitration award because out of the proceeds he had to pay his attorney and his attorney's expenses. That is, in the second suit Spencer seeks to recoup his litigation expenses incurred in the first suit against Jason and Carolyn.
. On May 1, 2000, subsequent to the arbitration decision, State Farm filed its motion for summary judgment alleging (1) Spencer was seeking double recovery as he had recovered all sums that he was entitled to receive and (2) Spencer's injuries were not caused by an accident arising out of the operation, maintenance or "use" of an uninsured motor vehicle. Spencer states in his response to the motion for summary judgment that he had "incurred substantial litigation expenses prior to prevailing in his separate claims against the tort-feasors. Accordingly, until he recoups his litigation expenses, he has not been made whole and no double recovery exists."
. Hinds County Court Judge William R. Barnett entered summary judgment in favor of State Farm on the issue of further recovery. The court stated:
The Court does find merit in State Farm's argument that the plaintiff's collection of $43,500.00 from Jason Lindsley and Carolyn Lindsley pursuant to an arbitration award in that amount precludes the plaintiff from any further recovery against State Farm, and the Court therefore finds that State Farm is entitled to summary judgment.
However, Judge Barnett found that genuine issues of a material fact precluded granting State Farm summary judgment on the issue of whether the circumstances constituted "use" of an uninsured motor vehicle.
. Spencer filed his notice of appeal to the Circuit Court of the First Judicial District of Hinds County, Mississippi. The Honorable Winston L. Kidd, Circuit Judge, heard the appeal. The circuit court's opinion and order st
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