Jones v. Delaware Transit Corporation
N15A-10-011 AML
| Del. Super. Ct. | Oct 13, 2016Background
- On March 14, 2014, Robert P. Jones (Plaintiff) was cleaning a Delaware Transit Corporation (DART) bus using a portable vacuum that hooks to the bus door and contains a 40-foot air hose on a reel.
- While walking toward the back of the bus and pulling the hose, Jones alleges the hose caught on the reel, jerked him backward, and injured his back and left leg.
- Jones sued DART in the Court of Common Pleas seeking PIP benefits under 21 Del. C. § 2118; DART moved for summary judgment arguing the bus was merely the situs of the injury, not an active accessory.
- The Court of Common Pleas granted summary judgment for DART, finding the bus did not play an active role in causing the injury. Jones appealed.
- The Superior Court reviewed de novo whether the injury “involved a motor vehicle” under § 2118 and whether the vehicle was an “active accessory” (more than mere situs, less than proximate cause).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the injury "involved a motor vehicle" under 21 Del. C. § 2118 | Jones: vacuum only works when attached to bus; without the bus the injury could not occur, so bus is active accessory | DART: vacuum is separate, has its own power source, and functions irrespective of bus; bus was only the platform | Held: Bus was mere situs; no active role in causing injury; summary judgment for DART affirmed |
Key Cases Cited
- State Farm Mut. Auto. Ins. Co. v. Buckingham, 919 A.2d 111 (Del. 2007) (vehicle was an active accessory where vehicle’s actions provoked an attack causing injury)
- Kelty v. State Farm Mut. Ins. Co., 73 A.3d 926 (Del. 2013) (vehicle is an active accessory when it exerts force that leads to injury; more than negligible impact)
- Sanchez v. Am. Indep. Ins. Co., 886 A.2d 1278 (Del. 2005) (vehicle was mere situs where injury had no causal connection to vehicle use)
- Campbell v. State Farm Mut. Auto. Ins. Co., 12 A.3d 1137 (Del. 2011) (use of a device inside a vehicle to close a garage door did not make the incident an automobile accident)
- Friel v. Hartford Ins. Co., 108 A.3d 1225 (Del. 2015) (vehicle was mere situs where injury occurred from attaching chains and not from vehicle’s use)