Gray v. Allstate


11/28/07 – 11/28/07


Case Description: In October 2004, David Gissel drove a car, owned by Amy Seewoester and insured by appellee-defendant Allstate Insurance, that collided with a motorcycle, ridden by Jay Scott, Jr. A passenger in another car, plaintiff appellant Peter Gray, saw the accident, got out of his car, and ran toward Scott. Gray attempted to divert traffic around Scott who lay stranded in the middle of the road. Another car, driven by Brandon Rossiter, struck Gray and severely injured him. The insurance carriers for Rossiter’s car and Gray’s own car paid Gray no-fault personal injury protection (PIP) benefits. Gray also sought PIP benefits from Allstate. Allstate refused to pay PIP benefits to Gray. Gray filed a complaint in July 2005 and sought no-fault PIP benefits from Allstate under 21 Del C. § 2118. Allstate moved for summary judgment. Allstate argued that it did not owe PIP benefits to Gray because the accident between Gissel and Scott did not cause Gray’s injuries. A Superior Court judge granted Allstate’s motion for summary judgment. The trial judge found that section 2118 did not require Allstate to pay Gray because the collision between Gissel and Scott caused no impact to Gray.

Proceedings Description: Gray argues that under section 2118(a)(2)(c) he is entitled to PIP coverage from Allstate because he was “injured in an accident involving [Seewoester’s] motor vehicle.” Alternatively, Gray contends that PIP coverage extends to him under section 2118(a)(2)(e) because his status as a “pedestrian” entitles him to PIP benefits if “injured by an accident with any motor vehicle.

Outcome: The Supreme Court affirms the judgment of the Superior Court.


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