Smith v. Zarnick

DOERR, J.,

Before this court are State Farm Mutual Insurance Companies’ and James Zamick’s preliminary objections to plaintiffs’ complaint and State Farm’s motion to sever the case.

FACTUAL BACKGROUND

On July 15, 1997, Mr. Zarnick was operating a four-wheel all-terrain vehicle on Robert Smith, plaintiff-husband, and Sheila Smith’s, plaintiff-wife, land without their permission. The property was marked with no trespassing signs. Plaintiff-husband followed Zarnick on a private service road on the property and then onto a public road. Plaintiff-husband came to a stop on the public road and parked.…