Amberleigh Hudson v. GEICO Insurance Agency, Inc., d/b/a GEICO General Insurance Company

Supreme Court
No. 2016-15-Appeal.
(PC 12-6179)
Amberleigh Hudson :
v. :
GEICO Insurance Agency, Inc., d/b/a :
GEICO General Insurance Company.
ORDER
This case came before the Supreme Court for oral argument on October 25, 2016,
pursuant to an order directing the parties to appear and show cause why the issues raised in this
appeal should not be summarily decided. Amberleigh Hudson (plaintiff) appeals from a Superior
Court judgment in favor of the defendant, GEICO Insurance Agency, Inc., d/b/a GEICO General
Insurance Company (defendant), in this uninsured/underinsured-motorist (UM) claim case. The
trial justice concluded that plaintiff was not “occupying” a motor vehicle for purposes of UM
coverage at the time that she was injured and that, therefore, she could not recover under the
insurance policy of that vehicle.
The plaintiff had been a passenger in a parked motor vehicle when she became aware of a
sudden motor vehicle collision that occurred approximately twenty feet from her vehicle. She
exited her vehicle to render roadside assistance as a “Good Samaritan” under G.L. 1956 § 11-56-
1. The plaintiff was struck by an oncoming motor vehicle and injured. The trial justice found
that coverage under the policy terms of the vehicle from which plaintiff had exited was not
available. Aggrieved by this decision, plaintiff argues that an affirmative duty was imposed on
her pursuant to § 11-56-1, which provides, in pertinent part: “[a]ny person at the scene of an
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emergency who knows that another person is exposed to, or has suffered, grave physical harm
shall, to the extent that he or she can do so without danger or peril to himself or herself or to
others, give reasonable assistance to the exposed person.”
After hearing the arguments of counsel and reviewing the memoranda of the parties, we
conclude that cause has been shown and that this appeal should proceed to full briefing and
argument. The parties are directed to brief the following issue among any others that they may
wish to bring to the attention of this Court:
Whether, in light of § 11-56-1, a “Good Samaritan” who was
injured while rendering roadside aid at the scene of an accident
may be considered to be “occupying” the insured motor vehicle for
purposes of recovering UM benefits.
The Court also invites interested parties to submit amicus curiae briefs. Accordingly, this
case is returned to the regular calendar for full argument. Further, we order an expedited
resolution of this appeal; requests for continuances are discouraged. Briefing shall be in
accordance with Article I, Rule 16 of the Supreme Court Rules of Appellate Procedure. The
plaintiff shall file its opening brief, not exceeding fifty (50) pages, within forty (40) days of this
order. The defendant shall have forty (40) days to file a responsive brief, not exceeding fifty
(50) pages.
Additionally, the Court directs that the parties proceed to appellate mediation.
Entered as an Order of this Court, this 10th day of November, 2016.
By Order,
________________/s/__________________
Clerk
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RHODE ISLAND SUPREME COURT CLERK’S OFFICE
Clerk’s Office Order/Opinion Cover Sheet
TITLE OF CASE: Amberleigh Hudson v. GEICO Insurance Agency, Inc., d/b/a
GEICO General Insurance Company.
CASE NO: No. 2016-15-Appeal.
(PC 12-6179)
COURT: Supreme Court
DATE ORDER FILED: November 10, 2016
JUSTICES: Suttell, C.J., Goldberg, Flaherty, Robinson, and Indeglia, JJ.
WRITTEN BY: N/A – Court Order
SOURCE OF APPEAL: Providence County Superior Court
JUDGE FROM LOWER COURT:
Associate Justice Netti C. Vogel
ATTORNEYS ON APPEAL:
For Plaintiff: Joseph J. Altieri, Esq.
For Defendant: Mark P. Dolan Jr.
Stanley F. Pupecki, Esq.