Campbell v. State Farm Mutual Automobile Insurance Company 2011 WL 143238 (Del. Supr.).
This case involved Plaintiff's claim of entitlement to Personal Injury Protection (PIP) benefits for injuries suffered as a result of being hit in the shoulder by a closing garage door. The record reflected that the garage door was caused to be closed by pressing a button on a device located inside the insured vehicle. The Supreme Court affirmed the Superior Court's grant of summary judgment to Defendant/Appellee State Farm, finding that Plaintiff's bodily injury did not arise out of the ownership, maintenance or use of the vehicle, nor did Plaintiff qualify as a pedestrian under Delaware's PIP statute. In affirming, the Supreme Court reasoned that Plaintiff's injuries were not caused by the insured vehicle, as the injury could have occurred just as easily without the vehicle's involvement. Further, the Court held Plaintiff was not a pedestrian, as defined under 10 Del. C. § 2118(a)(2)e, as she was not "injured by an accident with any motor vehicle."