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BENIKE v. DAIRYLAND INS. CO.

No. C5-94-330.

520 N.W.2d 465 (1994)

Alton W. BENIKE, Respondent, v. DAIRYLAND INSURANCE COMPANY, Appellant.

Court of Appeals of Minnesota.

Review Granted October 14, 1994.

Attorney(s) appearing for the Case

Sharon L. Van Dyck, Schwebel, Goetz, Sieben & Moskal, P.A., Minneapolis, for respondent.

James M. Lehman, Victor E. Lund, Mahoney, Dougherty and Mahoney, P.A., Minneapolis, for appellant.

Considered and decided by KALITOWSKI, P.J., and HUSPENI and AMUNDSON, JJ.

OPINION

KALITOWSKI, Judge.

Appellant Dairyland Insurance Company (Dairyland) contends the district court erred in concluding that respondent Alton W. Benike's injuries arose out of the use or maintenance of a motor vehicle.

FACTS

On October 5, 1991, Scott Ohm lost control of his car while traveling on a county road and went into a ditch. The car struck and broke a utility pole, which came to rest on Ohm's car, leaving live power lines hanging...

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