Lisa Kay Stephens v. State Farm Mutual Automobile Insurance Company

Automobile Accident - Church - Charitable Immunity - Lisa Kay Stephens was involved in an automobile accident. She filed an action in the State Court of Rockdale County against the driver of the van, Carol Carver Hudson, and the church that owned the van and employed Hudson. The van was insured by State Farm Mutual Automobile Insurance Company under a policy with a $50,000 liability limit.
Following a nonjury trial in Rockdale County, the trial court entered an order dismissing Hudson based on charitable immunity. In a somewhat confusing order, the trial court found for Stephens against the church, but recognized and declared applicable the charitable immunity doctrine as to the church. The trial court held that the church waived charitable immunity to the extent of any applicable liability coverage.
In a related DeKalb County Action, Stephens attempts to collect an additional amount from the church, alleging that the van was insured as an additional vehicle under a separate policy issued to the church with liability limits of $500,000. She alternatively alleges that if the van was not included under this separate policy as an additional vehicle, it was only due to the negligence of State Farm's agent in causing the van to be listed on the wrong insurance policy.

Rockdale County - Plaintiff's verdict for the lessor of 425,000 or the liability benefits available. Stephens subsequently received the $50,000 policy liability limit.
DeKalb County - Defendant was granted their motion for summary judgment.

Unknown

Unknown

Affirmed by the Court of Appeals of Georgia. See: 513 S.E.2d 508 (Ga.App.1999). The above date reflects the appellate court date, not the original trial date. Reported by kkm.