Rupert v. State Auto Property & Casualty Insurance Co.

HALL, Acting Chief Judge.

The Ruperts appeal the final summary judgment entered in favor of State Auto Property and Casualty Insurance Company in their action for uninsured motorist benefits under their automobile insurance policy with State Auto. We reverse.

Joyce Rupert fell and broke her wrist in a shopping center parking lot trying to avoid being hit by what she alleged was a negligently driven automobile. Joyce testified at her deposition that she heard the rev of a car engine and believed the car was about to come up on the concrete median on which she was standing and hit her. She…