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What Can We Learn From Having Sex in a Car? The Surprising Legal Debate

Introduction:

This one is just too juicy to pass up. The question for the Courts to decide is, “is it foreseeable that people are going to have sex in the car?” What has our society come to? LOL!! This question will most likely make its way to the Supreme Court, people! Strap in!

The Incident:

It all started in 2021 when a woman (we’ll call her M.O. because that’s what the Courts are calling her) had sex in a 2014 Hyundai Genesis with a man. The man apparently knew he had HPV and didn’t tell M.O. (idiot!). M.O. ended up contracting human papillomavirus (HPV) and sued him and his car insurance, Geico, for $1M for her “past and future medical expenses” and “mental and physical pain and suffering.” M.O. claimed that she should be compensated for bodily injury under the car’s insurance policy. Geico argued that the injury did not occur in the “normal” use of the car and the US District Court Judge sided with Geico.

Appeal and Implications:

M.O. and the man appealed the judge’s decision as the HPV has apparently caused M.O. to develop brain cancer. In court, the Judges stated that the insurance policy should apply when using the car as intended, for “normal use of an auto.” The standard for normal use is typically “foreseeable and reasonable.” So, is having sex in a car foreseeable and reasonable? Does foreseeable and reasonable equal an appropriate use of the vehicle that should be covered by insurance?

Looking Ahead:

It’s most likely that regardless of how the 3 panel of appellate judges rule, the losing party will appeal to the Supreme Court and then we’ll have a real show on our hands people!

Conclusion:

So, there you have it, we learn that “normal use” is defined as “foreseeable and reasonable” and that most likely, the Supreme Court Judges will soon be wrestling with the topic of how common sex in the car is LOL.

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With over 50 years of combined experience, our probate, estate planning, real estate, elder law and asset protection attorneys provide peace of mind for our clients throughout South Florida.

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