Maynard

ORDER RE: DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

On April 25, 2007, Defendant State Farm Mutual Automobile Insurance Co. (“State Farm”) filed the instant motion for summary judgment. On June 25, 2007, Plaintiff Hal Maynard (“Plaintiff”) opposed and State Farm replied on July 3, 2007. The hearing on this matter was held on July 30, 2007. The Court hereby GRANTS State Farm’s motion for summary judgment.

I. FACTUAL BACKGROUND

The material facts are undisputed and are as follows:

This dispute arose on May 23, 2003 when a motorist rear-ended Plaintiffs car in a parking structure while Plaintiff was stopped to pay the parking attendant. (State Farm’s Undisputed Fact (“UF”) ¶ 5.) While Plaintiff was stopped at the attendant’s booth, the car behind him, driven by Bentley Mitchum, hit Plaintiffs rear bumper. (Id.) Neither the police nor an ambulance was called to the scene and Plaintiff drove himself home approximately 15 minutes after the accident. (Id.)

At the time of the accident, Plaintiff had $25,000 in medical payments coverage and $100,000 in uninsured/underinsured motorist (UM/UIM) coverage through his State Farm automobile insurance policy. (Id. ¶ 6.) Because Mitchum was at…