RANDALL C. WELTY, APPELLANT,
v.
CONTINENTAL INSURANCE COMPANY, APPELLEE

Fla. 4th DCA | 1986-12-10
No. 4-86-1009
GLICKSTEIN, DELL and GUNTHER, JJ., concur.
498 So. 2d 643 Florida District Court of Appeal, Fourth District (1986) Positive Treatment
Cited by 2 cases

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Synopsis

Welty sought Personal Injury Protection (PIP) benefits after being injured while riding on a front-end loader that was pulling a Ford Bronco from mud. The court held that because the front-end loader is not a motor vehicle under Florida law, and Welty's injuries were not caused by physical contact with a motor vehicle, he was not entitled to PIP benefits.


Holding

Welty was not entitled to PIP benefits because: (1) the front-end loader is not a motor vehicle under Florida law; (2) his injuries were not caused by physical contact with a motor vehicle; and (3) under Lumbermens Mutual v. Castagna, mere involvement of a motor vehicle is insufficient—there must be a necessary causal link between the injuries and use of the motor vehicle.


Headnotes

[1] Personal Injury Protection (PIP) benefits are governed by Florida Statute 627.736(4)(d)1 when the injury occurs while riding on construction equipment, not a motor vehicl…

[2] To recover PIP benefits under Florida Statute 627.736(4)(d)1, an injured party must demonstrate that their injuries were caused by physical contact with a motor vehicle.

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Key Quotes

“Since the front-end loader is itself not a motor vehicle under Florida Statute 627.732(1) F.S. 1983, Welty's entitlement to PIP benefits, if any, is governed by the provisions of Florida Statute 627.736(4)(d)1.”

Establishes the threshold issue that the front-end loader does not qualify as a motor vehicle under Florida law.

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Facts & Procedural History

On December 7, 1984, Welty and two friends were riding in a Ford Bronco that became stuck in mud. Welty climbed onto a nearby front-end loader to ride…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

We approve and adopt the final summary judgment entered by the trial court, which recited the following:

The record affirmatively shows, without contradiction, that at the exact time of Welty’s injuries on December 7, 1984, he was mounted or riding on a piece of construction equipment, referred to by the parties as a front-end loader. The front-end loader was in the process of extricating a Ford Bronco motor vehicle from a mud hole where it had become stuck. Welty and two friends had been riding in the Ford Bronco, and, when it became stuck, Welty went to get help in pulling the Bronco out of the mud. The front-end loader was working nearby, and the operator agreed to pull the Bronco out of the mud by use of a chain. Welty climbed onto the front-end loader to ride back to the Bronco, and, while the front-end loader was hooked up to the Bronco by a chain and was in the process of pulling the Bronco out of the mud hole, the operator of the front-end loader turned the articulating joint or pivot joint of the front-end loader, resulting in crushing type injuries to Welty, who was riding on or mounted on the front-end loader. Since the front-end loader is itself not a motor vehicle under Florida Statute 627.732(1) F.S. 1983, Welty’s entitlement to PIP benefits, if any, is governed by the provisions of Florida Statute 627.-736(4)(d)l. Benefits under this sub-section are payable only if Welty demonstrates his injury was caused by physical contact with a motor vehicle. While this clause has been interpreted in Lumbermens Mutual Casualty Company vs. Castagna, 368 So. 2d 348 (Fla.1979) as not requiring actual physical contact, the elements of causation concerning a motor vehicle as it is defined in the Statute, must be present. As noted in Castagna, “mere involvement” of a motor vehicle is not enough and plaintiff must show, by use of traditional tort concepts of causation, that there does exist the necessary causal link between his injuries and the use of the motor vehicle.

On the undisputed facts, and based on the holding of Lumbermens Mutual vs. Castagna, I find, as a matter of law, that Welty was not an occupant of a motor vehicle, and neither were his injuries “caused” by physical contact with a motor vehicle. Defendant, Continental Insurance Company, is accordingly entitled to a final summary judgment in its favor. GLICKSTEIN, DELL and GUNTHER, JJ., concur.


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Citator

Cited By

  • Niglio v. Omaha Prop. & Cas. Ins. Co., 679 So. 2d 323 (Fla. 4th DCA 1996)
    …961); Fla. Std. Jury Instr. (Civ.) 5.1a. Where motor vehicles were incidental to the act causing injury, playing only supporting roles, courts have found no PIP coverage under section 627.736(4)(d)1. For example, Welty v. Continental Insurance Co., 498 So. 2d 643 (Fla. 4th DCA 1986), involved a plaintiff injured by a front end loader while trying to rescue a Ford Bronco from a mud hole. The plaintiff and his friends had been riding in the off-road vehicle until it became stuck. The front end loader was not a…

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