Kelly v. Toth-Kip

Appellant Kenneth Kelly, a police officer, stopped appellee Toth-Kip’s car because he suspected she was DUI. After she failed several roadside sobriety tests, appellant informed her he was placing her under arrest, and she resisted, injuring appellant. Toth-Kip was uninsured, and appellant brought this suit against his UM insurer; however, the trial court granted the insurer’s motion for directed verdict on the ground that the injury did not arise out of the ownership, maintenance or use of the uninsured vehicle.

Appellant argues that, because he was injured by Toth-Kip as she was attempting…