Norwest Bank Minnesota, N.A. v. State Farm Mutual Automobile Insurance Co.

OPINION

SHUMAKER, Judge.

The district court granted summary judgment in favor of respondents, ruling as a matter of law that decedents’ carbon monoxide deaths arose out of the maintenance or use of a motor vehicle under the Minnesota no-fault automobile insurance act. We reverse.

FACTS

Upon returning home from dinner on April 16, 1996, Lisle and Jean Vickerman parked their car in their attached garage and went inside the house. Lisle went to bed immediately and Jean followed after watching television. They had left the car engine running, and they died of carbon monoxide poisoning several hours…