Flores v. Dairyland County Mut. Ins. Co. of Texas, 5407
| Decision Date | 28 February 1980 |
| Docket Number | No. 5407,5407 |
| Citation | 595 S.W.2d 893 |
| Parties | T. G. FLORES, Appellant, v. DAIRYLAND COUNTY MUTUAL INSURANCE COMPANY OF TEXAS, Appellee. |
| Court | Texas Court of Appeals |
Steve Q. McManus, Kilgore, Cole & McManus, Victoria, for appellant.
William F. Seerden, Cullen, Carsner, Seerden & Williams, Victoria, for appellee.
T. G. Flores sued Dairyland County Mutual Insurance Company of Texas seeking to recover "personal injury protection" benefits afforded by his policy of insurance and Tex.Ins.Code Ann. art. 5.06-3 (Supp.1963-79). Trial to the court resulted in a take-nothing judgment. Flores appeals. We affirm.
The only question for determination is whether the accident made the basis of this suit is within the "personal injury protection" coverage afforded by Tex.Ins.Code Ann. art. 5.06-3 (Supp.1963-79). It is Flores' position that "it is only necessary that the injuries result from an accident, which is clearly the situation in the case at Bar." He bases his position on a misreading of Berry v. Dairyland County Mutual Insurance Company of Texas, 534 S.W.2d 428 (Tex.Civ.App. Fort Worth 1976, no writ). Dairyland's position is that "the 'accident' must arise out of the ownership, maintenance or use of the motor vehicle which includes the operation, occupancy, entry to or alightment from the vehicle."
Tex.Ins.Code Ann. art. 5.06-3 (Supp.1963-79) provides in part:
(a) No automobile liability insurance policy . . . covering liability arising out of the ownership, maintenance, or use of any motor vehicle shall be delivered or issued for delivery in this state unless personal injury protection coverage is provided therein or supplemental thereto. . . .
(b) "Personal injury protection" consists of provisions of a motor vehicle liability policy which provide for payment to the named insured in the motor vehicle liability policy . . . of all reasonable expenses arising from the accident and incurred within three years from the date thereof . . . .
The facts of the case are stipulated. Flores had a family automobile insurance policy in full force with Dairyland on the date of his injury and had "personal" injury protection as provided in Article 5.06-3. The accident made the basis of the suit occurred when Flores parked his automobile in a parking lot, alighted from the automobile, closed the door, stepped four steps from the vehicle, and tripped and fell on the curb of the parking lot, breaking his leg. His medical bills as a result of the injury totaled $2,503.85.
Article 5.06-3 provides that personal injury protection coverage must be included in every automobile liability insurance policy that is issued unless the coverage is rejected in writing by the insured. The coverage is for "liability arising out of the ownership, maintenance or use of any motor vehicle."
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