Collins v. International Indemnity Co.

I dissent, as I cannot agree with the majority’s delineation of certain factual elements as “jury issues.” The opinion holds: “The determinative factor is the extent to which precautions have been taken to protect the victims from further injury. This presents a question of fact for a jury and summary judgment is inappropriate.” (Majority opinion, p. 495).

The essential factual elements in this matter are undisputed. Whether or not Collins was an “occupant” of a motorcycle, or a “pedestrian” are matters of law, inasmuch as it is undisputed that his body was lying on the pavement prior to…