Louis Tracy III and Louis Tracy IV, believed to be owners or related to the owners of the Crabapple Ridge Golf Course at 10085 Peach Street, tried to stop Ms. Fishpaw. Ms. Fishpaw apparently drove onto the course, then back into the parking lot where she stopped against the golf carts. She then reportedly attempted to flee but was blocked by Louis Tracy IV. It is alleged that at some point in these events she struck Louis Tracy IV but it is not clear at what point this collision occurred.
Mr. Tracy was transported to Hamot Medical Center for treatment but was not listed as having been admitted there last night, suggesting he’d been treated and released.
Ms. Fishpaw is in Erie County prison on $5,000 bond.
As we observed yesterday in our blog entry on a similar story , it is often difficult to judge the nuances of a scenario like this one based only the preliminary reports. But to an experienced Erie injury lawyer, one issue leaps off the page. Ms. Fishpaw’s intent will make all the difference in whether or not Mr. Tracy is ever able to recover compensation for his injuries.
All Pennsylvania auto insurance policies have a provision that excludes coverage for intentional acts. Thus, if it is found that Ms. Fishpaw intended to harm Mr. Tracy then Ms. Fishpaw will have no coverage. The practical effect of such a consequence is likely that there will be no meaningful recovery for Mr. Tracy (dependent upon the nature of his UM coverage). On the other hand, if Ms. Fishpaw’s actions, however reckless, fall short of intentional action then Mr. Tracy may be entitled to coverage and Mr. Tracy will be able to recover against her. Proving intent one way or the other will be one of the challenges faced by whomever ultimately ends up helping Mr. Tracy in his effort to obtain compensation for his injuries. Proof of intent may involve evidence on a multitude of issues, including what motivated Ms. Fishpaw to drive onto the course in the first instance.
For more information on car accidents, visit our car accident page or take advantage of our offer to give you a free book on car accidents, “The Ultimate Guide to Car Accident Cases in Pennsylvania: A Roadmap to Justice.” We are Erie car accident lawyers who believe in providing free information to the public about car accident injuries and the cases that result from them. To schedule a free consultation with one of our experienced Erie lawyers, call today toll free at 814-273-2010 or locally at 814-273-2010.