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LANINFA v. PRUDENTIAL PROPERTY AND CASUALTY INSURANCE

No. 94-1759.

656 So.2d 965 (1995)

David A. LANINFA, Appellant, v. PRUDENTIAL PROPERTY AND CASUALTY INSURANCE, etc., Appellee.

District Court of Appeal of Florida, Fifth District.

June 30, 1995.

Attorney(s) appearing for the Case

Law Office of Kenneth D. Hagler, P.A., St. Augustine, for appellant.

R. Dean Cannon, Jr., of Fisher, Rushmer, Werrenrath, Keiner, Wack & Dickson, P.A., Orlando, for appellee.

PETERSON, Judge.

David A. Laninfa appeals the final summary judgment in favor of his insurer, Prudential Property and Casualty Insurance Company. At issue is whether a person walking along the side of a road and pushing a disabled motorcycle is a "pedestrian" and therefore entitled to personal injury protection (PIP) benefits. We conclude that Laninfa was not a pedestrian and affirm the trial court.

The parties stipulated to the facts. Laninfa was a motorcycle...

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