Nationwide Mutual Insurance v. MacHniak

Patton, Judge.

On May 31, 1986, appellant Cheryl Machniak was struck by an automobile operated by Robert Jarrells. It is uncontroverted that immediately prior to appellant’s injury, Jarrells was involved in an altercation with Daniel Maxwell, who was operating the vehicle in which appellant was a passenger. The fight arose out of a dispute involving a mutual girlfriend. According to Jarrells’ deposition testimony, the fight did not involve appellant and he had no intention of harming her. Following an initial altercation, Jarrells continued to pursue the Maxwell vehicle in his own automobile.…