In May of 2012 there was a concert in Peachtree City, Georgia outdoors where people regularly use golf carts as transportation. After the concert, as the crowd was dispersing, a woman, Tracy Self, was with her husband walking out of the concert venue when she was struck by a golf cart driven by William Helm.
Helm did not at first realize that he had struck Ms. Self as he was dragging her a small ways when another pedestrian stopped Helm and pulled the keys out of the ignition. Even through the keys were missing, Helm attempted to drive again before he realized there were no keys in the ignition.
Helm was charged with driving under the influence and went to jail while Self was taken by ambulance to the hospital, and into surgery for broken bones in one of her legs.
As the Plaintiff’s Attorney’s were ready to file suit, the insurance company, American Strategic, called Plaintiff’s counsel and stated that the incident with the golf cart was excluded from the homeowner’s policy. Therefore, the Defendant’s counsel filed a complaint in Fayette County Superior Court for a declaratory judgment that the insurance company was not liable under these circumstances. The Judge, Mack Crawford, disagreed with the Defendant’s contention and granted the Plaintiff’s Motion for Summary Judgement.