# Schelmety v. Yamaha Motor Corp., USA

> Louisiana Court of Appeal · April 13, 2016 · 193 So. 3d 194

URL: https://www.frixlaw.com/law-library/cases/4827788

## Case

- **Full name:** Danielle SCHELMETY v. YAMAHA MOTOR CORPORATION, USA Yamaha Motor Manufacturing Corporation of America Yamaha Motor Company, Ltd. Louisiana James Johnson William Smith Michael Smith and Safeco Ins. Co.
- **Court:** Louisiana Court of Appeal
- **Decided:** April 13, 2016
- **Citations:** 193 So. 3d 194; 2016 La. App. LEXIS 674; 2016 WL 1445552
- **Precedential status:** Published
- **Opinion:** Concurrence by Bleichhoc
- **Judges:** Bleich, Brown, Caraway, Hoc
- **Cited by:** 6 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4827788

## Opinion text

BLEICH (Ad Hoc), J.,
concurring.
|, Notwithstanding the location of this accident, a situation was created in which the insured would not be protected for, damages stemming from the use of the subject off-road vehicle unless the accident occurred within the curtilage of the home. From the standpoint of the insured, this is neither realistic nor sensible. To this extent, the applicable language of the subject policy is potentially misleading to an insured. However, despite this absence of more precise language in the subject policy, based on the well-reasoned analysis of the current jurisprudence by Chief Judge Brown, I concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4827788. Public record. Not legal advice.