Edwards v. Government Employees Insurance

Under the provisions of Rule 5:42, the United States Court of Appeals for the Fourth Circuit certified to this Court two questions of Virginia law asking whether a plaintiff in a personal injury action was “using” or “occupying” a motor vehicle at the time he was struck by another car. The facts as stated in the certification order are set forth below.

Terry Presmont asked Peter Edwards, an acquaintance, to change a flat tire on Presmont’s car that was parked on a street in the District of Columbia. Presmont gave Edwards a key to the car. Edwards did not enter the driver’s area of the car or…