358 S.W.3d 925
Ky.2011Background
- Rawlings, a contract driver for Kentucky Flatbed, was injured while rolling straps during unloading at a Shelbyville, Kentucky, loading site in January 2005.
- The load of aluminum bundles was secured with straps and chains; the load shifted, and a bundle struck Rawlings while unloading.
- Rawlings filed suit about 13 months after the incident; trial court granted summary judgment under the one-year personal injury statute, finding MVRA’s two-year limit inapplicable due to the unloading conduct.
- The trial court relied on Hudson to hold that unloading during vehicle use is excluded from the MVRA's two-year period.
- Court of Appeals reversed, applying the MVRA two-year statute; this Court granted discretionary review to resolve which statute applies.
- The Court held that rolling straps is an integral part of unloading, so the act did not constitute “use of a motor vehicle” for MVRA purposes, and the one-year statute applies.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does MVRA's two-year period apply to unloading conduct? | Rawlings argues MVRA covers unloading-related liability. | Defendants rely on Hudson to exclude unloading from MVRA use. | MVRA does not apply; one-year limit governs. |
| Was Rawlings unloading at the time of the injury? | Rawlings contends rolling straps was not part of unloading. | Rawlings’ rolling of straps was integral to unloading. | Rawlings was engaged in unloading; activity is integral to unloading. |
| Does BRB payment trigger MVRA applicability? | BRB payment by insurer would place Rawlings under MVRA. | BRB payment alone does not trigger MVRA unless MVRA applies to the underlying action. | BRB payment does not by itself trigger MVRA; MVRA applies first, if at all. |
Key Cases Cited
- Hudson v. State Farm Mut. Auto. Ins. Co., 775 S.W.2d 922 (Ky. 1989) (unloading conduct excluded from ‘use of a motor vehicle’ thus not BRB under MVRA)
- Bailey v. Reeves, 662 S.W.2d 832 (Ky. 1984) (MVRA extends two-year limit to certain accidents under ownership/use of motor vehicle)
- Troxell v. Trammell, 730 S.W.2d 525 (Ky. 1987) (MVRA’s two-year period applied in broader contexts)
- Goodin v. Overnight Transp. Co., 701 S.W.2d 131 (Ky. 1985) (‘use of a motor vehicle’ includes unloading when within occupancy/possession)
- Coomer v. CSX Transp., Inc., 319 S.W.3d 366 (Ky. 2010) (summary-judgment standard on de novo review for legal questions)