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AFTER-HOURS ATTACK BY BUS DRIVER DOES NOT TRIGGER COVERAGE
The California Court Appeal recently opined that injuries caused by a bus driver's after-hours attack on a bus passenger do not arise out of the use of the bus for insurance coverage purposes.
In the case of Stuchbery v. Redland Insurance Company[2007], the insured owned and operated a shuttle bus service. When the shuttle bus driver encountered a run-away girl, he offered her a ride to his apartment (on the bus) where he suggested that she stay the night - and promised to drive her to the nearest shelter the next day. Upon arriving at the driver's apartment, however, the driver assaulted and battered the run-away girl, who in-turn sued the shuttle bus company as a result of the attack.
When rendering its decision, the Court of Appeal stated that the injuries to the run-away girl did not arise out of the use of the shuttle bus - even though the driver had used the bus to take the girl to the place where the alleged injuries occurred.
In rendering its decision, the Court relied on American Nat. Property & Cas. Co. v. Julie R. (1999) 76 CA4th 134, which held that the use of a vehicle must be a predominating cause or substantial factor in the injury in order to trigger coverage under an auto policy of insurance.
The Court of Appeal opined that the use of the bus to merely drive the victim to the driver's apartment did not establish a sufficient causal connection between the use of the bus and the injuries sustained. The fact that the bus was a commercial vehicle did not alter the Court's analysis.
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LOS ANGELES ORANGE COUNTY VENTURA/OXNARD CENTRAL COAST
BAY AREA SACRAMENTO LAS VEGAS RENO PHOENIX
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