The defendant Sarah Park, through her insurer State Farm, brought a motion for summary judgment to dismiss the action and crossclaim against her, arguing she was not liable for a car accident caused by her passenger, Giancarlo Hnatiuk, who grabbed the steering wheel without her consent.
State Farm also sought a determination under Rule 21.01(a) that Hnatiuk was not covered by Park's insurance.
The plaintiffs and co-defendant TD Home and Auto Insurance Company (TD) opposed the motions, alleging bad faith, inappropriateness of partial summary judgment, and contributory negligence by Park.
The court granted summary judgment, finding no genuine issue requiring a trial, as Hnatiuk took control of the vehicle without Park's consent, and his actions were not reasonably foreseeable.
The court also determined that Hnatiuk was not covered by Park's insurance.
Costs were fixed against TD.
