Davis v. Preferred Risk Mutual Insurance

Today, the majority decides that “struck by an automobile” means “struck by a board.” I cannot endorse that view.

In order to make this pronouncement, the Court relies on State Farm v. Manojlovic, 215 Va. 382, 209 S.E.2d 914 (1974), and Early Settlers v. Jordan, 217 Va. 462, 229 S.E.2d 871 (1976). Neither of those cases supports the majority’s conclusion.

*162In Manojlovic, the plaintiffs decedent was killed when a tractor-trailer truck he was driving, owned by his employer, was struck by a pickup truck. There was no physical contact between the decedent’s body and the pickup truck.

The decedent was…