On September 5, 2003, Farmers filed a motion for summary judgment, arguing that, inter alia: In its answer, Farmers asserted the affirmative defense that the Doodlebug was not covered by the insurance policy because it does not meet the insurance policy's definition of an uninsured motor vehicle. In 2003, 2 Plaintiffs filed an action against Farmers seeking compensation under the insurance policy's provision for uninsured motorist coverage for damages sustained as a result of the death of Decedent. The insurance policy defines “motor vehicle” as “a land motor vehicle ․ but does not mean a vehicle ․ hich is a farm type tractor, or any equipment designed or modified for use principally off public roads while not on public roads.” Under the insurance policy, Farmers only provides uninsured motorist coverage for an insured person's bodily injury caused by accident and arising out of the ownership, maintenance, or use of the uninsured motor vehicle. The insurance policy provided, inter alia, for uninsured motorist coverage in the amount of $30,000 per person/$60,000 per occurrence. On the date of the accident, Plaintiff Claude Risher carried a policy of automobile insurance with Farmers (“the insurance policy”). Subsequently, the Doodlebug ran over Decedent, causing fatal injuries (“the accident”). As Golden drove the Doodlebug in reverse down a hill, Golden lost control, and Decedent fell or jumped from the work platform. The Doodlebug was being driven and operated by Decedent's co-employee and foreman, Tom Golden (“Golden”). The Doodlebug had seat belts, bumpers, a muffler, tractor wheels, an engine, brakes, and a steering wheel, but did not have flashers, brake lights, back up lights, doors, headlights, a speedometer, a windshield, or a horn. Decedent was riding on a work platform located at the rear of a vehicle equipped with a water tank (“the Doodlebug”), which was spraying herbicide on brush near power lines. On August 17, 2000, Decedent was working for his employer, Townsend Tree Service Company (“Townsend”) in Fruitland, Missouri on property owned and managed by Citizens Electric Cooperative (“the Fruitland job”). In the underlying case, Plaintiffs filed an action against Farmers 1 seeking compensation under an insurance policy provision for uninsured motorist coverage for damages sustained as a result of the death of their son, John Risher (“Decedent”).
Louis granting summary judgment in favor of Respondent, Farmers Insurance Company (“Farmers”). Louis, MO, for respondent.Īppellants, Claude Risher (individually “Plaintiff Claude Risher”) and Brenda Faye Risher (collectively “Plaintiffs”), appeal the judgment of the Circuit Court of the City of St. Missouri Court of Appeals,Eastern District,Division Two.Ĭlaude RISHER and Brenda Faye Risher, Appellants, v.
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