State Farm Mutual Automobile Insurance v. Powell

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that a trial court cannot sua sponte consider personal or extrajudicial evidence as a means of supplementing the record
• holding that the accidental discharge of a rifle stored in a truck that killed a victim outside of the truck did not arise out of the use of a vehicle because “the truck merely was the situs for a social gathering”
• stating that the defendant \had no prior opportunity to be heard either to dispute the `facts' or to object to the court's action\
• holding that the trial court erred in taking judicial notice sua sponte of certain facts that were not included in the parties' stipulation because \State Farm had no prior opportunity to be heard either to dispute the 'facts' or to object to the court's action\
• setting forth a similar totality of the circumstances analysis for whether an individual was injured during the \ use\ of a vehicle
• court looked to facts and circumstances of situation to determine whether person was “using” truck when weapon in gun rack discharged to determine insurance coverage

Source: CourtListener parenthetical corpus (CC0).