Pemco Mutual Insurance v. Utterback

— James W Utterback was injured when Jeanette Heinz-Naehr’s car lurched forward and jumped the curb not just once but twice while she tried to park it. When Mr. Utterback sued to recover for his injuries, Ms. HeinzNaehr’s insurer, Perneo Mutual Insurance Company, sought a declaratory judgment to determine whether one or two accidents had occurred. The trial court concluded that Mr. Utterback’s injuries were the result of a single accident and not two separate accidents, and granted summary judgment to Perneo. We agree with the trial court that Ms. Heinz-Naehr’s original negligent conduct…