Herniated disc suffered while adjusting trailer "dolly legs" is not an "accident"
The Court of Appeals concluded that Marshall Munger's case against Transguard Insurance Company should be dismissed because the injuries he suffered were not caused by an insured "accident." Munger, an over-the-road truck driver, ruptured a disc while adjusting his trailer's dolly legs. He claimed benefits under the defendant's insurance policy, arguing that "torquing" the disc between L-4 and S-1 constituted an "accident," but the court ruled that an accident under the policy does not include an injury that results from voluntarily-initiated activity. The Court held that Munger needed to allege an "event" that was unforeseeable, unexpected and unintended, not merely an injury that met that definition.