489 A.2d 873 | Pa. Super. Ct. | 1985
Lead Opinion
The appeal was taken by the plaintiff in this case from the trial court’s order of March 31, 1983, which denied plaintiff’s motion for summary judgment, and granted defendant’s motion for summary judgment. Appellant argues that the trial court erred in refusing to award No-Fault
As the trial court noted in its opinion, there was no dispute as to the facts. Appellant was injured at her place of employment, the New Stanton Volkswagen Plant, when she was struck by an automobile which was being driven by another employee inside the Emissions Building from the warm up booth to the emissions testing booth. Appellant was walking to the coffee break area at the time she was struck. The lower court entered summary judgment against appellant, ruling that appellant was not a “victim”, “an individual who suffers injury arising out of the maintenance of use of a motor vehicle,” since “maintenance or use of a motor vehicle” “does not include conduct within the course of business of repairing, servicing, or otherwise maintaining motor vehicles unless the conduct occurs off the business premises____” Section 103 of the Act. We agree with the lower court’s finding that this case falls within the above exclusion.
Judgment affirmed.
. Pennsylvania No-Fault Motor Vehicle Insurance Act, 40 P.S. § 1009.-101 et seq.
. Appellant actually divides her argument into three parts. We find it unnecessary to treat each part as a separate issue. Furthermore, we find appellant's third issue — whether or not appellant herself was "in the process of performing any functions of ... servicing ... the vehicle" — to be totally meaningless.
. "Servicing,” of course, is merely the gerund of “service,” and means "the act of providing service.”
. See Monaghan v. Pa. Mfrs’. Ass’n. Ins. Co., 301 Pa.Super. 419, 447 A.2d 1037 (1982).
Concurrence Opinion
concurring:
I concur in the majority’s order because, in my view, a vehicle not yet released from the factory is not yet a “motor vehicle” within the No-Fault Act. This was not the trial court’s view, but a correct decision will be sustained if it can be sustained for any reason. Sherwood v. Elgart, 383 Pa. 110, 117 A.2d 899 (1955).