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McHone v. State Farm Mutual Automobile Ins. Co.

United States Court of Appeals, Eighth Circuit

May 8, 2015

Christie McHone, Plaintiff -- Appellant Orande Anderson, Plaintiff,
v.
State Farm Mutual Automobile Insurance Company, Defendant -- Appellee, Diamond S. Express, Inc.; John Doe, 1-3; M. C. Mauney, Individually and in His Capacity as Sole Shareholder, Officer and Director of Diamond S. Express, Inc.; Thomas A. Young, as Special Administrator For the Estate of Jessie D. Whirley, Deceased, Defendants

Submitted March 12, 2015.

Appeal from United States District Court for the Eastern District of Arkansas -- Jonesboro.

For Christie McHone, Plaintiff - Appellant: Harry S. Hurst Jr., Parker & Hurst, Jonesboro, AR; Jeffrey Scriber, Jonesboro, AR.

For Orande Anderson, Plaintiff: Jeffrey Scriber, Jonesboro, AR.

For State Farm Mutual Automobile Insurance Company, Defendant - Appellee: Michael Earl Mullally, Todd Williams, Snellgrove & Langley, Jonesboro, AR.

Before MURPHY and SHEPHERD, Circuit Judges, and HARPOOL,[1] District Judge.

OPINION

Page 1213

HARPOOL, District Judge.

Appellant, Christine McHone brought an action against State Farm Mutual Automobile Insurance Co. (" State Farm" ) to recover uninsured motorist benefits pursuant to her personal policy of insurance issued by State Farm. State Farm moved for summary judgment on the basis that McHone was not entitled to uninsured motorist benefits under Tennessee law and the terms of her policy. McHone filed a counter-motion for summary judgment. The district court[2] granted State Farm's motion for summary judgment and denied McHone's counter-motion. We affirm.

I.

On December 15, 2008, a collision occurred between McHone and Jessie Whirley on Interstate 40 in West Memphis, Arkansas.[3] McHone was driving a 2000 Pontiac Grand Prix when she was struck by a tractor trailer driven by Whirley and owned by Diamond S. Express, Inc. McHone, a Tennessee resident, was insured by State Farm. McHone's policy included coverage for uninsured motor vehicles with bodily injury limits of $100,000 for each person. The trucking company defendants were insured by Gramercy Insurance Company, with liability limits of $1,000,000. Both policies were in effect at the time of the collision.

As a result of the collision, McHone suffered bodily injuries, including back related injuries, and sustained medical bills exceeding $400,000. McHone also claims her treating physicians estimate future medical care that will exceed an additional $400,000. Consequently, McHone's alleged damages exceed $800,000.

After the collision, McHone filed suit against Whirley, ...


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