O'Key v. State Farm Mutual Automobile Insurance

Plaintiff appeals as of right from a summary judgment of no cause of action in an action to recover no-fault insurance benefits from defendant.

The facts were stipulated to by the parties hereto to serve as a basis for plaintiff’s and defendant’s motions for summary judgment. The plaintiff was sitting in his car in front of his brother’s home, waiting for his brother. The car engine was running and the gearshift lever was in park. He suddenly saw an individual open the passenger door, point a gun in his direction, and mumble something like "let’s go home”. At this point he put the car in…